Confidential Information

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Tennessee Court Of Appeals Issues New Guidance On Trade Secret Issues

On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition...more

7th Cir. Confirms Protections for Sealing Parties' Confidential Documents

A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v....more

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1...more

On whose dime? Court rules California employers must pay employee cell phone expenses

In a world where mobile devices outnumber both personal computers and humans, it’s not surprising that we use our mobile devices for both business and pleasure. In a published opinion sure to wreak havoc with workplace bring...more

We Have Your Data. Pay Up or Else…

You wake on a Tuesday morning expecting to have an average day at work. You are skimming through the emails that came in while you were asleep, when you notice an email from one of your employees. He is not only giving his...more

20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Post on Personal Facebook Page May Violate the ADA

A recent federal court decision underscores the importance of ADA compliance and medical confidentiality. In this case, an employer could end up being liable because an employee posted confidential medical information...more

Managing IP Risk in the Age of Personalized Medicine

As discussed on Foley’s Health Care Law Today blog, personalized medicine treatment trends and innovations are leading diagnostic and therapeutic companies to form complex arrangements and partnerships with the ultimate goal...more

Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation Documents

A recent decision of the Delaware Supreme Court approved granting shareholders the right to inspect privileged and confidential internal investigation materials upon showing “good cause.” Directors and general counsels should...more

Government Contracting and Procurement Update: Public Access to Trade Secrets in Proposals and Bid Documents in Maine

Those doing business with the State of Maine need to know their way around public records laws. What is the risk that sensitive business information included within a bid response to a request for proposal (RFP) may become...more

Preserving a Complete (and Confidential) Record for Appeal

Now that the first wave of Final Decisions have issued from the PTAB, the question has arisen regarding what to do with sealed documents in an IPR record while the decision is appealed. Pursuant to Patent Office Trial...more

Really? Requiring Someone To Use Information “Fairly And Lawfully” Can Be Illegal?

Companies have lots of very good reasons for adopting codes of conduct. These reasons include: - Ensuring compliance with applicable exchange listing rules (e.g., NYSE Rule 303A.10 and NASDAQ Rule 5610); -...more

Employment Law Commentary -- Volume 26, Issue 7 July 2014 -- Building A Workforce Culture Of Data Security In The Post-Snowden Era

Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation, with recommendations for practical steps that companies may take to...more

Five Recent NLRB Cases Provide Further Insight on Structuring Employers' Social Media Policies

Employers, struggling to regulate employees’ work-related social media postings, recently suffered a string of defeats in National Labor Relations Board (NLRB) cases challenging their social media and related communications...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

Confidentiality Agreements - You Need One Before Your Company Shows Its Assets

So, you're putting your company up for sale. You or an advisor that you've retained are inviting potential buyers to have a look. Before you open the books or provide company contracts and records for review, you need to have...more

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

To keep data safe, law firms must embrace a culture of security

As the White House report on big data indicates, an enormous amount of information is collected, stored, analyzed and relayed in digitized form over the Internet and, increasingly, using mobile technology. Headlines...more

Corporate Governance Update: Handling Of Confidential Information - Briefings And Unannounced Corporate Transactions

ASIC recently released Report 393 Handling of confidential information: Briefings and unannounced corporate transactions (the "Report"). The Report results from ASIC's attendance at sample investor briefings, media-based...more

EEOC Puts Severance Agreements In Its Crosshairs

It may be time to reassess what are widely considered to be standard provisions in your severance agreements. One of the EEOC’s latest initiatives is to target fairly routine provisions in severance agreements, including...more

Ruling Extends Trade Secret Protection to Ideas

Altavion v. KMSL extends trade secret protection to valuable design concepts even when those design ideas are shared during a negotiation. Implications - In Altavion v. KMSL, the California Court of Appeal...more

NLRB Upholds Termination for Disclosure of Confidential Information, While Overturning Firing Based on Telling Co-Worker About...

Two May 30 decisions from the National Labor Relations Board demonstrate the continuing struggle between the NLRB and employers’ attempts to restrict employee discussion of sensitive business information. In one case, the...more

Oliner v. Kontrabecki: The 9th Circuit Reminds Parties of the Potential Risks of Filing Sensitive Documents Under Seal in Court

The recent decision of Oliner v. Kontrabecki, 745 F.3d 1024 (9th Cir. 2014) highlights the potential risks of filing sensitive documents under seal in court. In Oliner, the parties agreed to seal all documents related to the...more

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

Points & Authorities - Spring 2014

In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more

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