Confidentiality Agreements

Facebook Posts Breached Confidentiality Agreement

by Jennifer Barlow | Lerners LLP on 4/12/2013

The decision of the Human Rights Tribunal of Ontario (“HRTO”) in Tremblay v. 1168531 Ontario Inc. serves as yet another reminder that Facebook postings can have significant consequences. It is also the first decision before...more

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

by Farrah Short, Bruce D. Sokler | Mintz Levin - Antitrust on 4/8/2013

Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

by John Huang, Kevin Qian, Frank Schoneveld | McDermott Will & Emery on 3/21/2013

“Distribution in China – Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looked at important issues to consider in the...more

In re BioClinica, Inc. Shareholder Litigation

by Enrico Granata | Morrison & Foerster LLP on 3/19/2013

In In re BioClinica, Inc. Shareholder Litigation, the Delaware Court of Chancery in a memorandum opinion on a motion to expedite examined the cumulative effect of deal protection devices to determine whether they should have...more

It’s Not Just Boilerplate! Best practices for drafting collaboration agreements to protect your IP

by Elizabeth Howard, Michael Spillner | Orrick, Herrington & Sutcliffe LLP on 3/18/2013

In This Presentation: - 1. The collaboration conundrum - 2. The Tekmira case: a cautionary tale Outline - 3. Best practices for drafting specific provisions Please see full presentation below for more...more

Patton Boggs Reinsurance Newsletter- March 2013: New York Federal Court Denies Preliminary Injunction on Alleged Use of...

by Patton Boggs LLP on 3/11/2013

In a case arising out of alleged breaches of confidentiality agreements and orders, a New York federal court has accepted the recommendations of a magistrate judge and has denied a cedent's motion for a preliminary injunction...more

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

by Zach Oubre | McAfee & Taft on 3/5/2013

“Three can keep a secret if two are dead.” — Benjamin Franklin. In the shrinking world of social media, privacy seems to be an all but forgotten concept. But in the world of business, trade secrets are critical to...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

by Wilson Sonsini Goodrich & Rosati on 2/26/2013

Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more

Engineers Convicted For Theft Of Trade Secrets

by John Paul Nefflen | Burr & Forman on 2/25/2013

Two engineers were recently convicted under federal law for stealing trade secrets from Goodyear. (United States v. Howley and Roberts, 2013 WL 399345 (Feb. 4, 2013 6th Cir.).) Charles Roberts and Sean Howley worked as...more

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced...

by Saba Zia | Dentons on 2/21/2013

Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The...more

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

Confidentiality of Settlements in Sexual Abuse Cases - Necessary Evil or Positive?

by Elizabeth K.P. Grace | Lerners LLP on 2/1/2013

In the past several years, confidentiality clauses in settlement agreements, or what are sometimes called “gag orders”, have been the subject of well-deserved scrutiny in sexual abuse cases resolved by way of out-of-court...more

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

by Morgan Lewis on 1/31/2013

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights. On January 8, an Administrative Law Judge (ALJ) for the National Labor...more

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

by Gillian Watson Egan, KristinTaylor Parsons | Burr & Forman on 1/30/2013

In the summer of 2009, in an office at Goldman Sachs, in the waning hours of his last day of employment, a computer programmer named Sergey Aleynikov encrypted more than 500,000 lines of source code from Goldman’s proprietary...more

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

by Jaclyn West | FordHarrison on 1/18/2013

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

by Desiree Busching, Lauri Rasnick, Steven Swirsky | Epstein Becker & Green, P.C. on 1/18/2013

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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Facebook Posts Breached Confidentiality Agreement

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

Retaliation and Whistleblower Claims by In-House Counsel

Distribution in China – Legal Issues Part IV. Drafting the Distribution Contract

In re BioClinica, Inc. Shareholder Litigation

It’s Not Just Boilerplate! Best practices for drafting collaboration agreements to protect your IP

Patton Boggs Reinsurance Newsletter- March 2013: New York Federal Court Denies Preliminary Injunction on Alleged Use of...

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Engineers Convicted For Theft Of Trade Secrets

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced...

The National Labor Relations Board 2012 Year in Review

Confidentiality of Settlements in Sexual Abuse Cases - Necessary Evil or Positive?

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

Expansion Of The Economic Espionage Act Broadens Protection For Trade Secrets

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Confidentiality and Nondisparagement Clauses in Employment Agreements Must Not Chill NLRA Rights

Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee

Law Firms And Cloud Computing

2013 Is Here – Are You “Employment Ready”

Intellectual Property Rights Include Protection for Trade Secrets

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement

Merck Compelled to Disclose Documents; Confidentiality and Privilege Waived with Prior Disclosure to Government

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