News & Analysis as of

When the Wealthy Divorce: Confidentiality

Certainly not every high profile celebrity-type divorce is handled in a confidential manner, as evidenced by the public divorce of Frank and Jamie McCourt. However, by and large, high profile divorces are handled quickly and...more

Muzzling Whistleblowers: When Confidentiality Agreements Go Too Far

Confidentiality agreements can be useful to a company. For example, they can ensure that employees are aware of their company’s valuable trade secrets and can establish requirements to safeguard those assets. But when do...more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

Watchdogs Petition SEC to Strengthen Prohibitions Against Impeding Complaints to SEC

On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

The Fact and Fiction of Non-Disclosure Agreements

Entrepreneurs looking for angel or venture funding, or a strategic partnership, rely on Non-Disclosure Agreements, or NDAs, to protect their trade secrets, shield employees from poaching by the other parties, and keep...more

Protecting Your Start-Up’s Core Assets

In my series of posts with advice for start-ups, I think this is the most important one. It is about protecting the heart of your business, i.e. those assets that form its foundation, drive its prospects and distinguish it...more

2014 Public Company M&A: a short, practical primer

In this new edition of the popular Public Company M&A Primer, originally published in 2013, Ed Batts covers recent changes in the M&A process for public companies. Are you considering bidding for a public company? Has...more

Loose Lips Sink Former Employee’s Ship

Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Seek Advice In Drafting Trade Secrets And Confidentiality Agreements

In an article recently posted at mondaq.com, Richard Stobbe provides several excellent examples of why employers should consult with their counsel when drafting trade secrets and confidentiality agreements, instead of copying...more

Keeping Secrets: Trade Secrets and Confidentiality Agreements

If you are a business owner or an entrepreneur, you have probably encountered non-disclosure agreements or agreements with a similar title: confidentiality agreements, CAs, NDAs or confidential disclosure agreements. These...more

Non-Disclosure Agreements: A Cautionary Tale

Agreements which contain non-disclosure obligations (also known as a confidentiality agreements, CAs, NDAs or confidential disclosure agreements) are common in many industries - from licensing deals to franchise agreements,...more

It’s Not Just Boilerplate! Best practices for drafting collaboration agreements to protect your IP

In This Presentation: - 1. The collaboration conundrum - 2. The Tekmira case: a cautionary tale Outline - 3. Best practices for drafting specific provisions Please see full presentation below for more...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

Protecting Your Information Assets – Part I

Part I: The Employment Agreement/Confidentiality Agreement It is common for a business to maintain information that gives it an edge over its competition. Such information can be as varied as customer lists, supplier...more

Top 10 Best Practices To Maintain Trade Secrets

Under California law, Civil Code, Section 3426.1(d), trade secrets are defined: “‘Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1)...more

Top 10 Best Practices to Maintain Trade Secrets

Under California law, Civil Code, Section 3426.1(d), trade secrets are defined: “‘Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1)...more

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