Confidentiality Agreements Non-Disclosure Agreement

News & Analysis as of

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

Quirky Question # 276: Ex-Employees Gone Rogue

Question: Our company utilizes confidentiality agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have evidence...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

District Court Grants Motion for Summary Judgment on Laches Defense Where Defendant Could Not Establish Prejudice from Plaintiff's...

The court explained the facts as follows: The defendant, CrestaTech, was founded by Mihai Murgulescu and George Haber in 2005. Its initial products included a receiver for satellite radio and a television platform. CrestaTech...more

In FLSA Settlements, the Permissible Scope of Releases and Confidentiality Provisions May Be Broader Than You Think

Courts and the U.S. Department of Labor (“DOL”) often refuse to approve Fair Labor Standards Act (“FLSA”) settlements: (1) in which the employee’s release of claims is not narrowly limited to wage claims; or (2) that seek to...more

The Importance of Due Diligence in IP Protection

How well do your business partners protect your intellectual property (IP)? Is IP protection part of your due diligence process when evaluating particular suppliers, distributors, and other companies as business...more

Non-Disclosure & Confidentiality: A Cautionary Tale

A confidentiality agreement is signed. So… confidentiality is covered, right? This 2014 case, nClosures Inc. v. Block and Company, Inc., No.13-3906 & 14-1097 (7th Cir., Oct. 22, 2014), shows that the answer is “not so fast”....more

Non-Disclosure Agreement Enforceable Although Unlimited In Time And Area

A salesman for a medical device manufacturer signed a confidentiality covenant at the time he was hired. A dozen years later, he resigned and went to work for a competitor. The former employer sued him in an Ohio federal...more

Avoid Potential Traps When Updating Employment Terms in Your Key Documents

There is little debate that best practices for employers include periodically refreshing the company’s key employment documents like personnel policies, confidentiality and nondisclosure agreements. Quite often, there are...more

Protecting Company Relationships and Information Upon an Employee Departure

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

Keep Your Confidential Information Confidential

Most government contractors, or any company with confidential information or trade secrets, have confidentiality or non-disclosure agreements with their employees, subcontractors, or other entities they do business with....more

Hong Kong Competition Commission Consults on Draft Cartel Leniency Policy

On September 23, 2015, the Hong Kong Competition Commission (the Commission) released a draft leniency policy for undertakings engaged in cartel conduct (the Policy) for public consultation. Feedback is invited by the...more

Inevitable Disclosure Doctrine Held Inapplicable To Failed Business Transaction

An Illinois appellate court recently rejected applying the inevitable disclosure doctrine in a trade secret misappropriation spat arising out of a failed business transaction....more

LOIs are nothing to LOL about: A primer on letters of intent

Letters of Intent can be minefields. On the one hand, business people want to use them to tie up a deal. On the other, they don’t want to be bound by them if they want to walk away. As one court explained, “It is a common...more

How Can You Safely Discuss Your IP with Others?

As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more

New Whitepaper: Reasonable Steps to Protect Trade Secrets

Every company has trade secrets (so-called “crown jewels”)– confidential business and technical information – that if exposed, could result in lost sales, competitive advantage or the ability to further innovate....more

How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.

Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. ...more

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

Should Breweries be Worried about Trade Secret Misappropriation?

The craft brewing industry is exploding and there is no sign of it slowing down in the upcoming years. In 2010, the Brewers Association reported 1,813 breweries in the United States. As of 2013, there were over 2,800...more

Restrictive Covenants – A Close Call Goes The Employer’s Way

A very recent federal court decision, A.H. Harris & Sons, Inc. v. Naso, 2015 WL 1420132 (D.Conn.), illustrates how judges weigh various facts when deciding to grant or deny a preliminary injunction in a restrictive covenant...more

ZTE Enjoined From Further Breaching NDA Entered For Settlement Discussions (Vringo V. ZTE)

Judge Kaplan of S.D. New York recently issued a preliminary injunction to enjoin ZTE from further disclosing information subject to a non-disclosure agreement (NDA) that ZTE had entered with Vringo to potentially settle...more

What Employees Need to Know about IP Protection

Do your employees understand the importance of intellectual property (IP) to your company and steps that they should be taking to protect it? Do they recognize that exposing proprietary information, such as product...more

Things You Can’t Un-See … Such As Trade Secrets

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

Recommended Actions for Hedge Fund, Private Equity Fund and Other Private Fund Advisers To Prevent Possible Whistleblower...

On April 1, 2015, the Securities and Exchange Commission (SEC) announced that it had settled its first enforcement action under SEC Rule 21F-17, which prohibits companies from taking actions or using confidentiality...more

The Cost of Buying Silence – Non-disclosure Provisions Run Afoul of Federal Agencies

There’s an inherent tension in requiring an employee to sign an agreement restricting his or her ability to discuss activity in the workplace. On one hand, employers with confidential business practices and trade secrets need...more

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