Confidential Information

News & Analysis as of

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

Is your confidential information “property” if it does not qualify as a trade secret?

The answer likely is “no” according to a recent decision from a federal court in San Francisco. The plaintiff in that case, a data storage company, alleged that a competitor misappropriated its trade secrets by illegally...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Time for an Updated Cyber Risk Approach; BPI Data Breach

Our traditional approach to cyber risk and security has been focused on privacy and financial data. The data breach or loss concerns that typically rank high on our risk ratings are private and confidential data like names...more

European Clinical Trial Regulations Public Consultation – Confidentiality Concerns

Clinical Trial Regulations - On 21 January 2015, the European Medicines Agency (EMA) began a public consultation on the new European Clinical Trial Regulations (CTRs)....more

Three Key Labor and Employment Issues Facing Automotive Suppliers in 2015

While employees are an integral part of the manufacturing process, employment related issues will continue to face automotive suppliers in 2015 including: With many of its recent decisions and actions, the NLRB has...more

Title Insurance Regulatory and Legislative Update - February 2015

FEDERAL - New CFPB Compliance Bulletin Impacts Service Providers: The Consumer Finance Protection Bureau (“CFPB”) recently issued Compliance Bulletin 2015-01, which reminds persons subject to the regulatory authority...more

Fourth Circuit Upholds Federal Criminal Conviction for Accessing Former Employer's Database

The federal Computer Fraud and Abuse Act (CFAA) was primarily intended to deter and punish database hacking by third parties. Employers involved in disputes with former employees have attempted to use CFAA in response to...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

CFPB Speaks to Disclosure of its Confidential Supervisory Information

The CFPB issued a compliance bulletin setting forth its views that, with limited exceptions, persons in possession of confidential information, including confidential supervisory information, or CSI, may not disclose such...more

Special Alert: CFPB States Supervisory Obligations Trump Nondisclosure Agreements

On January 27, the CFPB issued Compliance Bulletin 2015-01 to remind supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information (CSI) to the CFPB and to third...more

CFPB issues compliance bulletin on treatment of confidential supervisory information

In a new compliance bulletin (2015-01), the CFPB reminds supervised financial institutions, including nonbanks, of their obligations regarding the disclosure of confidential supervisory information (CSI)....more

This Party is BYOD, Part Two

Another pitfall that might arise in a BYOD context pertains to the nature of the information on the device itself. In addition to proprietary information of the company, certain other information is subject to additional...more

This Party is BYOD, Part One

The word you’re looking for is “ubiquity.” It describes the near-total assimilation of technology into every aspect of our lives. The words “cell phone” are falling by the wayside as the words “smart phone” take their place,...more

SHREDDING TRADE SECRETS: Heli-Ski Operators Fret over FOIA Disclosures Releasing a Blizzard of Confidential Information

Heli-skiing: it’s the holy grail for thrill-seeking skiers and snowboarders.   Ride to the roof of the world aboard a helicopter. Descend thousands of vertical feet through fresh, untracked powder.  No lift lines, no ski...more

Missouri Court Refuses to Enforce Non-Compete in Staffing Agency Fight Between Kforce and Beacon Hill

A recent case out of the Eastern District of Missouri provides a perfect example of what judges should do when evaluating non-compete agreements: That is to say that judges should conduct a thoughtful analysis that accounts...more

Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act

Orca Communications Unlimited, LLC v. Noder - The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more

4 Things You Must Know About the New York Attorney General’s New Data Security Proposal

Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more

Every Employer Faces BYOD Risks, Even Those Who Don't Allow It

Bring your own device (BYOD) policies have become an established business practice, with over half of the respondents in a recent survey reporting they are permitted to access corporate information and services with their...more

Employee Class Actions Mounting against Sony after “The Interview” Hacking Attack

Since December 15, 2014, six putative class actions have been filed against Sony Pictures Entertainment, Inc., asserting claims by current and former employees whose personal information was allegedly stolen during the...more

Plaintiffs' Motion for Protective Order Denied But Cautions Defendant That Sanctions Will Be Awarded If Defendant Fails to...

In this patent infringement action, Plaintiffs' filed a motion for a standard protective order to prevent the defendant from sharing confidential information. The district court denied the motion because the motion was not in...more

Sizing Up Cyber Risks after the Sony Breach

Sony’s most recent data breach underscores the difficulties in underwriting and insuring cyber risk. Sony incurred losses that were surprising in both their scope and type. The company already is a defendant in at least four...more

SEC Condemns Breach Of Client Confidences While Offering Possible Bounties For Breaches

Yesterday, the Securities and Exchange Commission announced that it had “charged a California-based attorney and his wife with insider trading on confidential information obtained from a corporate client.” According to the...more

To Sue or Not to Sue: That Is the Trade Secret Question

You have just learned that a senior member of the company research and development team has resigned. The employee had access to important confidential information about your company’s product development, manufacturing...more

Did Sony Let the Terrorists Win?

Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview. The movie follows a plot to assassinate North Korean dictator...more

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