On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, ruling that severance agreements containing broad confidentiality provisions or non-disparagement provisions prohibiting an...more
Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more
2/23/2019
/ Best Practices ,
Breach of Contract ,
Breach of Duty ,
Confidentiality Agreements ,
Contract Drafting ,
Corporate Counsel ,
Customer Information ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Duty of Loyalty ,
Evidentiary Standards ,
Exit Interviews ,
Forensic Examination ,
Future Harm ,
Injunctive Relief ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
Unfair Competition
Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more
3/2/2018
/ Appeals ,
Blue Pencil Contract Modification ,
Confidentiality Agreements ,
Contract Terms ,
Declaratory Judgments ,
Employment Contract ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Reversal ,
TRO ,
Unfair Competition
On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon. This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would...more
5/5/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Injunctions ,
Jurisdiction ,
Misappropriation ,
Non-Compete Agreements ,
Private Right of Action ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Whistleblower Protection Policies