News & Analysis as of

Confidentiality Agreements Trade Secrets Defend Trade Secrets Act (DTSA)

Hendershot Cowart P.C.

Life After The FTC Ban: Alternatives To Non-Competes

Hendershot Cowart P.C. on

The FTC's proposed ban on non-compete agreements is still making its way through the legal system, but businesses are already looking for alternatives to protect their interests. Keep in mind that it is not necessarily the...more

Wolf, Greenfield & Sacks, P.C.

Are Your NDAs Up to Date?

Nondisclosure agreements (NDAs) can be used to protect companies’ confidential and trade secret information. But you should resist the urge to have a vendor, contractor, or employee sign a dusty old stock NDA and assume your...more

McDermott Will & Emery

In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret

McDermott Will & Emery on

The US Court of Appeals for the First Circuit affirmed a district court decision, finding that a compilation of customer-related information, even if publicly available, is a protectable trade secret. Allstate Insurance Co....more

Bradley Arant Boult Cummings LLP

Are You Protecting Your Construction Firm’s Trade Secrets?

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Seyfarth Shaw LLP

House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination,...more

McDermott Will & Emery

Sixth Circuit Endorses Sealing of Filings to Protect Confidentiality of Alleged Trade Secrets

McDermott Will & Emery on

On appeal from a dismissal based on a failure to state a claim for misappropriation of trade secrets, the US Court of Appeals for the Sixth Circuit granted the litigants’ motion to seal their briefs and file publicly...more

Obermayer Rebmann Maxwell & Hippel LLP

What Employers Need to Know to Safeguard Their Trade Secrets

The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives...more

Sheppard Mullin Richter & Hampton LLP

Reminder to Professional Services Firms – Do Not Take Your Trade Secrets for Granted

For most (if not all) professional services firms, client databases, client contact lists, and information reflecting client preferences are regarded by such firms as trade secrets that are essential to the business. ...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or...more

ArentFox Schiff

Trade Secrets 2020: Analysis of the Year’s Key Cases & Trends

ArentFox Schiff on

As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more

Mintz - Intellectual Property Viewpoints

Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

Most trade secret cases involve allegations that a former employee is using a company’s confidential information at a new job or their own business. Given that reality, and the workforce disruptions caused by the coronavirus...more

Lowndes

Here’s What You Need To Know About Protecting Trade Secrets

Lowndes on

What do you do when a key employee leaves and you believe he/she has taken your company’s trade secrets to a competitor? Or when a strategic business partner uses your trade secret information to compete against you?...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee...more

Orrick - Trade Secrets Group

Spring Cleaning: Tidying Up Your “Reasonable Efforts” to Maintain Trade Secrets

It’s among an in-house counsel’s worst nightmares. A former business partner, ex-employee, consultant, or competitor has stolen your company’s trade secret information. Company management demands swift action....more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

McAfee & Taft on

Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Seyfarth Shaw LLP

California Federal District Court Grants TRO And Preliminary Injunction To Protect Trade Secret Customer Lists

Seyfarth Shaw LLP on

A California federal district court recently granted a TRO and preliminary injunction against a general manager who allegedly misappropriated customer information from his previous employer in violation of the California...more

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

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In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Payne & Fears

Keys to the Kingdom: How Confidentiality Agreements Are Key to Keeping Business Information Secret

Payne & Fears on

In today’s business environment, greater employee mobility and technological advances underscore the need to protect a company’s confidential information and trade secrets. Stories of employees departing with confidential...more

Fox Rothschild LLP

22 Steps Companies Can Take To Protect Their Trade Secret

Fox Rothschild LLP on

It’s not enough that a trade secret isn’t generally known to those who can gain value from it. To qualify for protection in California and the other jurisdictions that use the Uniform Trade Secrets Act definition (and under...more

Fisher Phillips

Watch for the Fox in Your Henhouse: Gig Companies at Risk

Fisher Phillips on

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

Morrison & Foerster LLP

Employment Law Commentary - Volume 29, Issue 1

The Cost Of Keeping Things Quiet: Crackdown On Confidentiality Clauses Calls For Explicit Carve-Outs - In last February’s Employment Law Commentary, we discussed best practices for drafting separation agreements. Among...more

Nossaman LLP

Did you know... Are You in Position to Take Advantage of the New Federal Defend Trade Secrets Act?

Nossaman LLP on

Recently, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which amends the Economic Espionage Act of 1996, codified at 18 U.S.C. §§ 1831 et seq. Key benefits of the DTSA includes the option...more

Perkins Coie

Recent Whistleblower Protection Actions by SEC and Congress Add Risk to Severance Agreements

Perkins Coie on

Two recent SEC enforcement actions that describe how severance agreements may violate whistleblower protections under the federal securities laws if not properly drafted were the subject of a recent article by Perkins Coie...more

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