On April 7, 2026, the First Department issued a decision in KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 NY Slip Op. 02064, holding that a claim for breach of an NDA failed for lack of specific allegations regarding what confidential information was misused, explaining:
The motion court properly dismissed the first cause of action alleging that defendants breached (i) paragraph 2 of the NDA and (ii) a section of paragraph 8 which provides that “any Confidential Information of another party [e.g., plaintiff] received or accessed by a party [e.g., Goldman] . . . shall be used by such party only for the purposes of a mutually agreeable strategic transaction.” Plaintiff made only vague and conclusory statements that defendants disclosed confidential information, as defined in the NDA, and failed to identify what confidential information was allegedly misused. Plaintiff alleges that Goldman shared confidential information with nonparty CD&R to assist them in negotiations to acquire defendant Focus and NKSFB. Plaintiff was not involved in those negotiations, and its confidential information would not have been material to those discussions. In that regard, plaintiff’s complaint suffers from the absence of any allegations about whether the confidential information that was allegedly disclosed belonged to plaintiff or Focus. We need not accept as true plaintiff’s conclusory allegations, made upon information and belief, that Goldman disclosed plaintiff’s confidential information to CD&R.
(Internal citations omitted).