Confidentiality

News & Analysis as of

Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s...

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal...more

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

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

The final opinion of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014), is only three paragraphs long, but it raises a host of questions about how,...more

Risks of BYOD

Q: BYOD (Bring your own device) is standard for our employees. What, if any, are the risks for BYOD when compared to company-provided devices?...more

New Jersey Supreme Court Officially Adopts Common Interest Doctrine - This Opinion Is Consistent with Those in Other States and...

The New Jersey Supreme Court recently issued an opinion that, for the first time in New Jersey, expressly adopted the "common interest doctrine." The July 21, 2014, opinion provided confidentiality protections for...more

Post on Personal Facebook Page May Violate the ADA

A recent federal court decision underscores the importance of ADA compliance and medical confidentiality. In this case, an employer could end up being liable because an employee posted confidential medical information...more

The International Comparative Legal Guide to International Arbitration 2014: A practical cross-border insight into international...

Bermuda - 1 Arbitration Agreements: 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of Bermuda? Other than requiring that it must be in writing, Bermuda’s...more

Federal Court Undresses Urban Outfitters in Personal and Advertising Injury Coverage Dispute

In OneBeacon America Ins. Co. v. Urban Outfitters Inc., 2014 WL 2011494 (E.D.Pa. 2014), the Eastern District of Pennsylvania analyzed the application of “personal and advertising injury” coverage to alleged violations of...more

Does Litigating Make Economic Sense?

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying...more

Abolish the Attorney Client Privilege - It serves little use in practice, while the work-product privilege offers a safer harbor.

One of the great myths of the legal profession is that the attorney- client privilege promises absolute confidentiality, to ensure clients’ full disclosure to their counsel. However, as most lawyers know too well, clients...more

Oregon Supreme Court: Law Firm In-House Privilege Is Alive and Well - What Should Lawyers Do When They Have Concerns About the...

The Oregon Supreme Court holds that law firms can avail themselves of attorney-client privilege for in-house communications to the same extent as all other entities with in-house counsel. This is so even if the party...more

Evolving International Regulations on Client Data Put More Pressure on Accounting Firms

The world may be getting smaller, but the number of ways various countries approach confidentiality is growing. A mosaic of disparate regulations should give any auditor or accountant pause when providing services for clients...more

Pa. Superior Court Reiterates That Employers Have to Provide Additional Consideration When Obtaining Noncompete Agreements with...

The Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc., that employers cannot enforce noncompete agreements entered into after the employee has already commenced employment, unless the...more

Confidentiality and Title IX

In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not...more

The Confidential Relationships (Preservation) Law: Confidentiality Legislation in the Cayman Islands

In this guide Harneys considers the scope of the Cayman Islands’ Confidential Relationships (Preservation) Law and the sanctions that apply to contraventions of it. The Cayman Islands government considers the...more

Confidentiality Clauses and Privilege: A Delicate Balance

Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union...more

BYOD is Here: 9 Features Your BYOD Policy and Compliance Training Courses Should Include

I read a great blog by Tricia Meyer of Meyer Law, on how crucial it is to prepare your business for the Bring Your Own Device (BYOD) movement. Surely you’ve heard about this; I even heard a story about BYOD on NPR a few...more

Lift-Off: Step-By-Step Procedures To Start An Internal Investigation (Part I Of IV)

Life is filled with consequences. As our parents told us (and we repeated to our own children), “Your decisions have consequences.” I am a bit reluctant to start a blog series on internal investigations with a...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

Breach of Confidentiality Clause Leads to Disgorgement of Settlement

In this employment termination case, plaintiff Snay (a school principal), and Defendant, Gulliver (the school), settled and agreed to keep the settlement confidential. Four days after the parties signed the settlement...more

Breaches of confidentiality must be the real deal – Wade v British Sky Broadcasting Ltd [2014] EWHC 634

Despite the industry maxim “where there’s a hit, there’s a writ” and the numerous plagiarism allegations made in the TV business, it is well known in the copyright world that the English courts have refused to recognise a...more

Ninth Circuit Says Cellphone Calls Do Not Have To Be Confidential To Violate the California Invasion of Privacy Act

The Ninth Circuit recently issued a divided and unpublished opinion in Young v. Hilton Worldwide Inc. et al, which plaintiffs may attempt to use in class action lawsuits against call centers for violations of the California...more

Did You Know...An $80,000 Facebook Post Costs $80,000

When does a confidentiality provision in a settlement agreement mean what it says? What if you tell your children about your confidential settlement and they post about it on Facebook? Well, here is what just might happen...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more

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