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Hi Richard. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response.
What is the purpose of preventing them from recording the conversations?
You are very welcome. It is absolutely legal to do so and will be especially easy to have the Board vote on such a policy, since you have indicated that a majority are in favor.
In addition, I would highly recommend having all members sign a Non-Disclosure Agreement (NDA) to ensure the confidentiality of all these materials.
Lastly, I would also recommend stamping all proprietary, confidential and trade secret as such, to ensure their protection.
All of these steps will keep your company's information secure from disclosure.
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The member is correct, in that in general he may record the conversation. However, the LLC has the right to institute a policy preventing the recording of conversations and such policy would override the legal right of the member.
Also, the NDA would bar him from ever using such information for anything other than personal/private use.
I would include in the policy/vote that any violation would first receive a warning from the Board and after a first violation, the member could either:
That should be sufficient incentive for him to comply.
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