Confidentiality Agreements Employment Contract

News & Analysis as of

SEC Takes Issue with Employee Confidentiality Obligations and Waivers of Monetary Awards

The Securities and Exchange Commission's (the "SEC" or "Commission") Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert on October 24, 2016, announcing that it will be reviewing registrants'...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

RIGHT IN THE BREADBASKET: Lessons From Early Cases at the Intersection of Noncompetes and the DTSA

As many TSW readers are aware, 2016 has been a big year for trade secret law, with both the United States and the European Union expanding trade secrets protections and increasing the uniformity of their laws. But as good as...more

FEATURE: Proper Use of Confidential Information Provisions

One of the significant pitfalls businesses encounter is the misuse of confidentiality provisions in company policies and employment agreements. Nearly all employers include restrictive covenants prohibiting the use or...more

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

Intellectual Property in Medicine: Initial Considerations

Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients. As a result, physicians have historically been some of the best and most active inventors in the United States. ...more

Subsequent Employment Agreement Assigning Inventor's Intellectual Property Rights Does not Defeat Standing for Inventions Created...

The plaintiff, Odyssey Wireless ("Odyssey") filed four separate actions for patent infringement against Defendants Apple, Samsung, LG, and Motorola, alleging infringement of U.S. Patent Nos. 7,881,393; 8,199,837; 8,576,940;...more

Trump, Captain America, Deadpool and the Impact on Florida Non-Competition Agreements

Competition is the name of the game this summer. The presidential hopefuls travel the country competing for votes. After knocking out Marco Rubio and Ted Cruz and more than a dozen other Republican Presidential hopefuls,...more

Misappropriation of Trade Secrets: Make a Federal Case Out of It (Under the Defend Trade Secrets Act)

Last month, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law, which permits plaintiffs to bring civil claims for misappropriation of trade secrets in federal court. While trade secret theft has been a...more

Defend Trade Secrets Act requires immediate review of confidentiality agreements with employees and contractors

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), which creates a new federal cause of action for misappropriation of trade secrets. Although the DTSA provides several new changes to trade secret...more

Trade Secrets Claims Reach Federal Court: New Law Changes Jurisdiction, Remedies and Duties

Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more

Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First...more

Non-Compete Legislation In Massachusetts: Could It Actually Happen?

On May 16, 2016, the Massachusetts General Court’s Joint Committee on Labor & Workforce Development reviewed a re-drafted bill concerning non-compete agreements in the Commonwealth and reported it out of the Committee...more

How the New Trade Secrets Law May Affect You

A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded,...more

Just When Your Handbook Thought it Was Safe to Go Back In the Water: The Impact of the Defend Trade Secrets Act on Employers

On April 27, 2016, the U.S. House of Representatives approved the Defend Trade Secrets Act (DTSA) by a 410-2 vote, the DTSA previously passed the Senate with an 87-0 vote. The DTSA provides employers with federal jurisdiction...more

Newly Enacted "Defend Trade Secrets Act" Requires Notice Provision to Be Added to Future Confidentiality Agreements to Preserve...

As you may have heard, on May 11, 2016, President Obama signed into law the new federal Defend Trade Secrets Act (DTSA). This is a significant and comprehensive law that now allows holders of trade secrets to pursue civil...more

Defend Trade Secrets Act Signing Means It May Be Time to Update Form Agreements

President Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”) on May 11, 2016. With his signature, your company’s standard employee intellectual property agreements, third party non-disclosure agreements and other...more

Unfair Competition, Trade Secrets and Non-Competition Agreements Group News: Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 ("DTSA") into law. The President’s action follows the April 27, 410-2, vote by the U.S. House of Representatives in favor of this long-proposed...more

What the Defend Trade Secrets Act Means for You

On May 11, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA), which received rare support across party lines, passing Congress unanimously in the Senate and by a vote of 410-2 in the House of Representatives....more

Defend Trade Secrets Act of 2016 Heading to White House: What You Should Know Now

Congress has finally passed the anticipated Defend Trade Secrets Act of 2016 (DTSA). The bill, which is now on its way to the White House and is expected to be signed by President Obama, will be effective immediately once it...more

Defend Trade Secrets Act Passes Congress

With President Obama’s signature expected, DTSA will allow for new federal civil suits, ex parte seizures, and whistleblower protections. After unanimously passing the Senate earlier this month, the Defend Trade...more

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a...more

Eighth Circuit Decision Suggests Employers May Have An Alternative Option to Using Non-Compete Agreements

A recent Eighth Circuit Court of Appeals decision suggests another avenue for employers to secure damages from an employee who competes against them after employment ends – without the use and many limitations of a...more

The NLRB takes another cut at non-disclosure agreements.

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

Take Care in Drafting: Meschino v. Frazier Industrial Co. is a Cautionary Tale for Employers

In Meschino v. Frazier Industrial Co., Civil No. 15-10327-RGS, 2015 WL 7295463 (D. Mass. Nov. 18, 2015), Judge Stearns held that an employment agreement superseded an earlier employment agreement and a separate earlier...more

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