Confidential Information

News & Analysis as of

Top Considerations When Building BYOD Policies

In a recent article, my Kroll Ontrack colleague Vikas Pall wrote about the growing concerns over bring your own device (BYOD) policies. Today’s employees integrate their personal and professional lives, and the use of...more

Five Easy Tips for Improving Your Company’s Non-Compete and Confidentiality Agreements and Related Practices Now

As January quickly passed by and new projects increase by the day, there is still a golden opportunity to capitalize on some low-hanging fruit to immediately improve your company’s practices and add immediate value to your...more

Sanctions for Bringing a Computer Fraud and Abuse Act Claim?

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the...more

In-House Counsel May View “Outside Counsel Only” Documents

A federal magistrate judge in Trenton has allowed in-house counsel for a New Jersey corporation to view discovery documents designated for “outside counsel eyes only.” The ruling in Sanofi-Aventis U.S. LLC v. Breckenridge...more

Credentials Materials Are Not Privileged Under the Health Care Professional Credentials Data Collection Act

The Illinois Supreme Court recently held in Klaine v. Southern Illinois Hospital Services, 2016 IL. 118217 that a physician’s application for hospital privileges, which included information obtained from the National...more

Breaking Up is Hard to Do: Notifying Patients When a Physician Leaves

The University of Rochester Medical Center (“URMC”) recently agreed to pay a $15,000 penalty for providing patient names, addresses, and diagnoses to a departing nurse practitioner (“NP”) without first obtaining authorization...more

SCOTUS upholds Computer Fraud and Abuse Act conviction

The Supreme Court of the United States held on January 25, 2016, that an executive of a shipping company who hacked into his former employer’s computer system after he left the company was guilty under the Computer Fraud and...more

Getting By With a Little Help From Friends: United States Supreme Court to Clarify Insider Trading Liability in Tipping Cases

On January 19, 2016, the United States Supreme Court granted certiorari in United States v. Salman, in which the Ninth Circuit Court of Appeals held that the government may prove a “personal benefit” to a tipper of inside...more

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing...more

Do Your Employees Hate Trump? Comb-over Your Social Media Policy before the Caucus

The media is buzzing about presidential candidates, and it is only revving up as the Iowa caucuses—the first to be held in the country each year—draw near on February 1st. Following closely on Iowa’s heels will be New...more

U.S. Supreme Court to Take Up Issue of “Personal Benefit” in Insider Trading Context

The U.S. Supreme Court granted certiorari this week in a case that is sure to draw significant attention given its likely implications on insider trading liability. Bassam Salman filed the petition after the Ninth Circuit...more

Baseball Executive Caught Stealing, Pleads Guilty To Violation Of Computer Fraud And Abuse Act

A scandal in America's Pastime has culminated with a baseball executive, Christopher Correa, pleading guilty on January 8, 2016 to violating the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, et seq. The guilty plea...more

Florida 5th DCA Says Referral Relationships Not Protectable

A recent case out of Florida’s Fifth District Court of Appeals raises important raises important issues related to physician non-compete agreements. Let’s take a look: Before addressing the specifics of this case, some...more

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

Protected Occupations: Statutory Exemptions from Non-Competes for Employee Classes

The states have a rich tradition of passing legislation forbidding or limiting the use of non-compete agreements with identified classes of employees. As you might expect, a number of states forbid or limit the use of...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

Q&A Concerning IP Protection and Social Media Issues in the Workplace

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in...more

The Perils of BYOD Policies

Over the holidays, many employees are out of the office on family vacations or otherwise using their time off. Many employers rely on employees' use of their own personal electronic devices to keep up with what is going on in...more

EPA Launches eDislcosure for Self-Reporting Violations

As expected and last reported in our June 2015 blog, the U.S. Environmental Protection Agency (EPA) on December 9, 2015, launched eDisclosure — EPA’s updated, electronic voluntary audit and disclosure reporting system. Under...more

IP Protection and Social Media Issues in the Workplace

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in...more

Employers Should Take Care When Prohibiting Workplace Recordings

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

Former Cardinals Scouting Director pleads guilty to hacking the Astros’ database

Last Friday, Chris Correa, the former scouting director of the St. Louis Cardinals, pleaded guilty in federal court in Texas for unlawfully accessing the Houston Astros’ database, which included scouting and draft...more

Stealing Bases Okay; Stealing Data Not So Much

On January 8, 2016, Christopher Correa, the former director of Baseball Development for the St. Louis Cardinals, pleaded guilty to each count of a five-count criminal information, charging him with felony violations of...more

Former Cardinals Scouting Director Pleads Guilty to Hacking Astros’ Computer Systems

Economic espionage and computer hacking can touch all industries and business types. Computer hacking is a federal crime, and federal prosecutors are aggressively targeting cases involving the unauthorized access of a...more

Confidential Information that isn't a Trade Secret?

One question that often arises in the trade secret practice is what information, if any, can be protectable as confidential information even if it does not qualify under state law as a trade secret. In other words, what is...more

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