News & Analysis as of

Confidential Information United Kingdom

Littler

Is the UK Government Getting Cold Feet on Capping Non-competes to 3 Months?

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On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. This was part of a package of measures announced to boost the productivity...more

Cooley LLP

When Are Redactions Reasonable?

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The long-running investigation by the Serious Fraud Office (SFO) into Eurasian Natural Resources Corporation (ENRC) has provided several points of instructive guidance during its lifetime – and that trend looks set to...more

BCLP

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

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Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

Proskauer Rose LLP

SEC Adopts New Securities Lending Reporting Rule

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On October 13, 2023, the Securities and Exchange Commission (the “SEC”) adopted new Rule 10c-1a (the “Securities Lending Rule”), requiring the reporting of certain securities lending transactions. Certain material terms of...more

Akin Gump Strauss Hauer & Feld LLP

The FCA Pledges to Improve Its Whistleblowing Framework

Overview - A survey conducted by the United Kingdom Financial Conduct Authority (FCA) in early 2022, but published only in 2023, has revealed the stark reality that the regulator is not doing enough for whistleblowers. 15...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

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The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

Morrison & Foerster LLP

UK Data Recording Obligations – Have You Got the Message?

In recent weeks, the use of encrypted messaging applications for business purposes has returned to the spotlight. In July 2023, legal challenges surrounding the disclosure of messages on devices used by former Prime Minister...more

BCLP

UK HR Two-Minute Monthly: August 2023

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Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more

Cooley LLP

What Employers Should Know About Protecting Confidential Information in England

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Confidential information is one of a business’ most prized and valuable assets. However, it is rarely something that can be locked in a safe, because employees often require access to it for the purposes of carrying out their...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

Cooley LLP

Crossing the Atlantic: Comparison of US and UK Employment Concepts

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For US companies contemplating an expansion into the UK, there are a number of employment-related factors to consider, as the requirements for employers and rights of employees differ significantly across the pond. Below,...more

Cooley LLP

Privilege: Privacy and Confidentiality Are Not to Be Equated

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In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more

A&O Shearman

Enforcement risks for firms unauthorised communication applications

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With remote and hybrid working arrangements now the norm for many firms in the wake of the pandemic, risks of misconduct have become heightened by the increased use of unmonitored and/or encrypted communication applications...more

Morgan Lewis - Tech & Sourcing

Global Standard–Setter Publishes Revised Outsourcing Principles

The Board of the International Organization of Securities Commissions (IOSCO) has published a set of revised outsourcing principles for regulated entities. IOSCO is an international policy forum for securities regulators and...more

A&O Shearman

Litigation privilege not lost despite party deceiving a third party as to its true purpose in asking for information

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Legal professional privilege is absolute unless overridden by statute or the party entitled to claim privilege waives that privilege or is estopped from claiming it. There is no principle of law that if a party misleads a...more

BCLP

UK HR Two Minute Monthly - September 2021

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Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more

A&O Shearman

It pays to read your NDAs

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When assessing whether a non-compete is an unlawful restraint of trade, express or implied non-contractual intentions can be used to evidence legitimate interests and therefore reasonableness. ...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Lowenstein Sandler LLP

1st FCPA Case Under Biden Offers Compliance Reminders

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The first Foreign Corrupt Practices Act case under President Joe Biden's administration reinforces some well-known risks for companies subject to the FCPA — namely, increased U.S. and international enforcement and cooperation...more

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

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A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

Hogan Lovells

Employment News: privilege, health and safety, webinar

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Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...more

Dechert LLP

New Joiners Bringing Confidential Information – Managing the Risks for Recruiting Employers

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Introduction - Employers whose new recruits bring with them potentially confidential information from their prior employment need to be mindful of the risks of claims from an individual’s previous employer, not just on the...more

Hogan Lovells

Employment News: confidential information, domestic abuse, survey

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See no evil – new employer breached equitable duty of confidence - In Travel Counsellors Ltd v Trailfinders Ltd, the Court of Appeal upheld a decision that Travel Counsellors was in breach of an equitable duty of confidence...more

Cohen & Gresser LLP

Firm Chat Application Policy: The Consequences of the UK FCA’s 2020 Prosecution of Konstantin Vishnyak

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The need for tighter control on employees’ use of chat applications when conducting or discussing company business. What we learned from the FCA’s 2020 Vishnyak prosecution and the FCA’s reminder about the need to record...more

Littler

UK: It's Not Me, It's You – Passing The Liability Buck While Working From Home

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When can employers in the United Kingdom be held responsible for their employees’ actions? This article answers that question with help from a recent high-profile case and applies the lessons learned to manage the potential...more

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