News & Analysis as of

Confidential Information Non-Disclosure Agreement

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Baker Donelson

Top Developments in Trade Secret Law

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In the ever-evolving landscape of intellectual property law, trade secrets have emerged as a crucial area of focus, particularly in light of recent uncertainties as to the enforceability of non-competes. Since August 2023,...more

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

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On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Winstead PC

Key Considerations in Review of NDAs as a Buyer

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When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more

Mandelbaum Barrett PC

The Essential Guide to Non-Disclosure Agreements: Protecting Your Business Ideas and Partnerships

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Have you ever worried about the safety of your business secrets when discussing your innovative ideas with potential partners, and vendors, or hiring new employees?...more

Jones Day

Prior Art and Public Availability: Key Decisions in German Patent Litigation

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The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Mandelbaum Barrett PC

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

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Introduction - On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”)....more

Ius Laboris

Whistleblower Confidentiality Unveiled

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Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, but there are limitations on the extent to which they can restrict whistleblowing activities....more

Burr & Forman

Protecting Confidential Intellectual Property in the Wake of the FTC’s “Final Rule” Against Non-Competition Provisions

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As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the...more

Irwin IP LLP

The Pitfalls of Proprietary Information: Boeing Hit With $72M Trade Secrets Verdict  

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Zunum Aero, Inc. v. The Boeing Company et al., No. 2:21-CV-00896-JLR, (W.D. Wash. May 30, 2024) - A Washington jury recently issued a $72 million verdict in favor of Zunum Aero Inc. (“Zunum”), a now-defunct aerospace...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more

Husch Blackwell LLP

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

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The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

Rumberger | Kirk

FTC Issues Final Rule Banning Non-Compete Agreements

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On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition.  The Final Rule will go into effect 120 days after being...more

ArentFox Schiff

How to Respond to Employee Questions about the FTC’s Noncompete Ban (As a Company that Uses Noncompetes)

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As discussed in our recent alerts, the final rule would bar employers from entering into and enforcing noncompetes with most workers. ArentFox Schiff’s Trade Secrets, Noncompetes & Employee Mobility Team has been...more

Integreon

Streamlining NDA Negotiations for Middle Market Investment Banks: The Case for a Transformative, Tech-Enabled Solution

Integreon on

In the fast-paced world of middle market investment banking, efficiency is currency. Large investment banks representing sellers often enter into thousands of non-disclosure agreements (NDAs) every year. These agreements are...more

Balch & Bingham LLP

Looking for Certainty: Protection From Competition Following the FTC’s Rule Banning Non-Compete Clauses

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On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) approved a final Non-Compete Clause Rule (“Rule”) banning as unfair competition all non-compete provisions entered with workers on or after the effective date...more

Adams and Reese LLP

FTC Issues Rule to Ban Non-Competes; U.S. Chamber Threatens Lawsuit; What Do Employers Need to Know?

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The Federal Trade Commission (FTC) issued the Non-Compete Clause Rule on Tuesday, calling for a comprehensive ban on non-compete agreements nationwide. The FTC concluded that non-competes are an “unfair method of competition...more

Paul Hastings LLP

SEC Wins Trial Involving First-Ever Shadow Trading Case

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On April 5, 2024, a federal jury in the Northern District of California found defendant Matthew Panuwat liable for insider trading in the Securities and Exchange Commission’s (“SEC”) first-ever case involving the so-called...more

Fox Rothschild LLP

FTC Proposes Non-Compete Ban

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Earlier today, the Federal Trade Commission (FTC) announced that it had voted to essentially ban all non-compete agreements in the United States. Specifically, the FTC issued a final proposed rule banning new non-competes...more

BakerHostetler

Trade Secret Litigation: The Power of Protection

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If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the...more

Miller Canfield

Artificial Intelligence in the Workplace: Spotlight on Confidentiality Concerns

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Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should...more

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

Foley & Lardner LLP

Amendments to New York’s NDA Law

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New York governor Kathleen Hochul recently signed into law S4516, which amended General Obligations Law Section 5-336 (“GOL 5-336”). The amendments expanded restrictions on the use of nondisclosure provisions (“NDAs”) in...more

Fox Rothschild LLP

Time to Revisit Your Confidentiality Agreement

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As you surely know by now, non-compete and non-solicit agreements, and related provisions in settlement or other types of agreements, will be even more heavily scrutinized in California in 2024. So enough about what you...more

Tucker Arensberg, P.C.

Can I Share This? Court Highlights Importance of Defining Representatives in Private Equity NDA

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A recent case highlights the importance of properly defining the representatives with whom confidential information can be shared in the context of a private equity non-disclosure agreement (NDA)....more

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