News & Analysis as of

Confidential Information Arbitration

Winstead PC

To arbitrate or not to arbitrate? That is the question.

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It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

JAMS

10 Reasons Why Companies Prefer to Resolve International Commercial Disputes by International Arbitration

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Because we live in an imperfect world, disputes regarding the performance of contractual and legal obligations will occur. The growth in the volume of international transactions will lead to a corresponding increase in the...more

ArentFox Schiff

Class Action Year in Review: Labor & Employment - March 2024

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The use of arbitration agreements between employers and employees is a long-standing practice that has become an integral part of employment dispute resolution across the country. Employers often use arbitration agreements...more

Seward & Kissel LLP

Employment Litigation Roundup: February 2024

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Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court - A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more

Kohrman Jackson & Krantz LLP

From Hardwoods to Courts: The Knicks and Raptors Battle Over Trade Secrets

Last year, the New York Knicks initiated formal legal proceedings against the Toronto Raptors and several affiliated coaches, alleging the illicit procurement of sensitive materials. The Knicks claimed that Ikechukwu Azotam,...more

Proskauer - California Employment Law

Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

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The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Sheppard Mullin Richter & Hampton LLP

It Is Time to Check Your Onboarding Documents – Employer’s Confidentially Agreement Renders Its Arbitration Agreement...

On April 19, 2023, the California Court of Appeal held that an employer’s arbitration agreement was unenforceable because of unconscionable terms found in other documents provided to employees during the onboarding process....more

Hogan Lovells

Privacy in its place – Hong Kong court declines to grant interim measures protecting identity of mystery product

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The Hong Kong court has dismissed an application seeking to restrain a party to an arbitration from publishing information relating to arbitrations commenced in relation to an unspecified product. In A v B [2022] HKCFI 3620,...more

JAMS

Best Practices for Technology Arbitrations

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Technology disputes are often quite complex, and they frequently require a speedy and cost-efficient resolution. Some organizations are adopting special rules for technology arbitrations, while others rely on their...more

Vinson & Elkins LLP

The Law Commission's Proposed Revisions to the Arbitration Act 1996

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On 22 September 2022, the Law Commission of England and Wales (the “Commission”) published its Consultation Paper (the “Consultation Paper”) detailing a suite of proposed revisions to the Arbitration Act 1996 (the “Act”)....more

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

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A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more

Ward and Smith, P.A.

A Primer on Mediation in North Carolina's State and Federal Courts

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Litigation is costly, both in time and money.  Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit.  To save litigants and courts time and resources, most...more

Jones & Keller, P.C.

Confidential binding arbitration clauses in MLM disputes

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Confidential arbitration clauses present an uphill battle to litigants seeking their day in court. When it comes to disputes in multilevel marketing matters, what is reasonable to fight and what is not?...more

Holland & Hart - Employers' Lawyers

Very Bad Year for Wyoming Noncompetes (And What You Can Do To Improve Yours)

The Wyoming Supreme Court decided four cases in the last 12 months against the enforcement of employees’ agreements not to compete with their former employer. Although each case was unique, the tenor and direction of these...more

Clark Hill PLC

California Law Would Limit Confidentiality and Protective Orders

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In early April, the California Senate Judiciary Committee voted to approve Senate Bill 1149, introduced in February by state senator Connie M. Leyva (D-Chino), termed the “Public Right to Know Act of 2022.” SB 1149 bill would...more

Miles Mediation & Arbitration

Executive Order Signals The Writing Is On The Wall For Non-Compete Agreements

On July 9, 2021, President Biden issued an Executive Order labelled as an effort to promote competition in the American economy. Its primary focus is to encourage the Federal Trade Commission (FTC) Chair—through rulemaking...more

Maynard Nexsen

The Apprentice and The President’s NDA: Lessons for Protecting Confidentiality

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A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

JAMS

[PODCAST] JAMS Introduces Key Changes to International Arbitration Rules

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A podcast from JAMS featuring Kim Taylor, Robert Davidson and Ranse Howell on recent changes to JAMS’ International Arbitration Rules & Procedures (Rules) and how they respond to the modern practice of ADR and the COVID-19...more

Rumberger | Kirk

Kratos Investments vs. ABS Healthcare: Third DCA Confirms Enforceability of Arbitration Provision by Non-Signatory

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When it comes to arbitration provisions, you may get more than you bargained for. The Third District Court of Appeals recently confirmed that by signing an arbitration provision, the signatory may be forced to arbitrate by a...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

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In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Jackson Walker

Best Practices for Maintaining Confidentiality of Trade Secrets in Virtual Arbitration Proceedings

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Clients who opt for the privacy of alternate dispute resolution to resolve business differences are sometimes chagrined to learn that designating an ADR does not by itself guarantee confidentiality of trade secrets. The usual...more

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