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Confidential Information Confidentiality Policies

Proskauer - Minding Your Business

CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims

On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract,...more

Allen Matkins

More Than Four Score Law Firms File Amicus Brief Opposing SEC Assault On Client Confidentiality

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In several recent posts, I have discussed Covington & Burling LLPs opposition to an SEC subpoena demanding that the law firm "name names".   Now more than 80 law firms from across the country have filed an amicus brief...more

Allen Matkins

Covington's Substantial Investment In Protecting Client Confidences

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As previously reported in this blog, the United States Securities and Exchange Commission is attempting to force the international law firm of Covington & Burling, LLP to identify hundreds of its publicly traded clients. ...more

Orrick, Herrington & Sutcliffe LLP

Five Document Management Steps to Protect an Emerging Company’s Future

Focused on getting their businesses in a position to thrive, few emerging companies think about how documents and document management policies can cause significant future litigation exposure. We have found that emails, IMs,...more

Venable LLP

Best Practices for Drafting Your IHE's Severance Agreements

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Severance agreements outline the rights and responsibilities of both the employer and employee at the point that an employee separates from their job. These contracts summarize the benefits the employee will receive upon...more

Fisher Phillips

A Lawyer’s Confession: Don’t Count on Contracts and Courts to Protect Your Company’s Confidential Information

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Many people were shocked by the recent leak of a Supreme Court draft opinion. The idea that an employee would subvert confidentiality rules at the nation’s highest court on matters of national significance seemed far-fetched....more

Verrill

News of Supreme Court Leak is a Good Reminder to Revisit Confidentiality Policies

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If you have been on social media today (or yesterday) or picked up a newspaper or listened to the radio or watched television—really if you have consumed news in any format, you likely are aware that POLITICO obtained an...more

Foley & Lardner LLP

Protecting Trade Secrets in a Hot Labor Market — Make Sure Departing Employees Don’t Exit Through the Gift Shop

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In this hot labor market, businesses have been laser focused on hiring and retaining talent. While increased employee mobility leads to some exciting hires, it also means some workers are leaving for new opportunities. When...more

Fox Rothschild LLP

Confidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations

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When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys can see...more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

Epiq

[Webinar] What is insider risk, and why do companies ignore it? - October 7th, 11:30 am - 12:10 pm GMT

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What is insider risk? Managing and minimising risk in your organisation starts with understanding the types of risks in the modern workplace. Some risks are driven by external events and factors that are outside of direct...more

Foley & Lardner LLP

The Tools Used in Modern Business---Such As Videoconferencing---and the Social Media Culture Create Real Challenges to Protecting...

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In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more

Jones Day

JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection

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Most trade secret misappropriation is the work of a company employee or former employee. Jones Day partners Andrea Weiss Jeffries, Steve Zadravecz, Rebecca Swindells, Dr. Christian Paul, and Jon Linas explain why strategic,...more

Husch Blackwell LLP

Confidentiality And No-Participation Provisions In Voluntary Severance Agreements Lawful

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On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in Third-Party Claim provisions in...more

Franczek P.C.

Learn From These Three Confidentiality Mistakes Before Your Next Title IX Investigation

Franczek P.C. on

As an Office for Civil Rights (OCR) investigator, I was surprised by the number of times I saw the same issues again and again in Title IX sexual misconduct investigations. Nowhere was this more evident than with...more

Dentons

Can I Tell my Employee to Please Shut Up?

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Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid...more

Vedder Price

NLRB Okays Confidentiality Rules During Ongoing Investigations and Restrictions of Personal Use of Work Email

Vedder Price on

In a flurry of year-end activity before losing its lone Democratic member, the National Labor Relations Board (the “Board”) recently issued two decisions that allow employers to maintain greater confidentiality protections...more

Kramer Levin Naftalis & Frankel LLP

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...more

Littler

Confidentiality Revisited: Board Holds Confidentiality Rules in Workplace Investigations Presumptively Lawful

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In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), the National Labor Relations Board continued its recent trend of reversing decisions issued during the prior administration, and returned to employers...more

Hogan Lovells

NLRB Permits Confidentiality Requirements in Ongoing Workplace Investigations

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On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful.  This ruling overruled the NLRB’s recent precedent that such mandates...more

Ballard Spahr LLP

NLRB Trend of Employer-Friendly Decisions Continues: Investigative Confidentiality Rules and Use of Employer Emails

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On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more

Fisher Phillips

NLRB: Employers May Require Confidentiality In Workplace Investigations

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The National Labor Relations Board just ruled that employers may now require confidentiality from employees involved in open workplace investigations. Importantly, Tuesday’s decision in Apogee Retail LLC resolves conflicting...more

Bricker Graydon LLP

NLRB upholds employers’ right to require employee confidentiality regarding ongoing workplace investigations

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On December 17, 2019, the National Labor Relations Board (NLRB) issued an important decision holding that employers do not violate the National Labor Relations Act (NLRA) when they prohibit employees from discussing...more

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

Benesch

NLRB Continues Employer-Friendly Shift; Employers Can Prohibit Discussion of Workplace Investigations

Benesch on

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more

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