Confidential Information

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Five Recent NLRB Cases Provide Further Insight on Structuring Employers' Social Media Policies

Employers, struggling to regulate employees’ work-related social media postings, recently suffered a string of defeats in National Labor Relations Board (NLRB) cases challenging their social media and related communications...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

Confidentiality Agreements - You Need One Before Your Company Shows Its Assets

So, you're putting your company up for sale. You or an advisor that you've retained are inviting potential buyers to have a look. Before you open the books or provide company contracts and records for review, you need to have...more

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

To keep data safe, law firms must embrace a culture of security

As the White House report on big data indicates, an enormous amount of information is collected, stored, analyzed and relayed in digitized form over the Internet and, increasingly, using mobile technology. Headlines...more

Corporate Governance Update: Handling Of Confidential Information - Briefings And Unannounced Corporate Transactions

ASIC recently released Report 393 Handling of confidential information: Briefings and unannounced corporate transactions (the "Report"). The Report results from ASIC's attendance at sample investor briefings, media-based...more

Ruling Extends Trade Secret Protection to Ideas

Altavion v. KMSL extends trade secret protection to valuable design concepts even when those design ideas are shared during a negotiation. Implications - In Altavion v. KMSL, the California Court of Appeal...more

NLRB Upholds Termination for Disclosure of Confidential Information, While Overturning Firing Based on Telling Co-Worker About...

Two May 30 decisions from the National Labor Relations Board demonstrate the continuing struggle between the NLRB and employers’ attempts to restrict employee discussion of sensitive business information. In one case, the...more

Oliner v. Kontrabecki: The 9th Circuit Reminds Parties of the Potential Risks of Filing Sensitive Documents Under Seal in Court

The recent decision of Oliner v. Kontrabecki, 745 F.3d 1024 (9th Cir. 2014) highlights the potential risks of filing sensitive documents under seal in court. In Oliner, the parties agreed to seal all documents related to the...more

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

Points & Authorities - Spring 2014

In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more

The SEC And A Dark Pool That Is Not Dark Enough

High speed trading, dark pools and similar market structure issues have become hotly debated topics. Former CFTC Commissioner Bart Chilton gave several speeches discussion the subjects and proposed that high speed traders be...more

Blurring The Line Between Yours And Mine: Best Practices For Bring Your Own Device Policies

Let’s face it: bring-your-own-device (BYOD) situations are here to stay. With the ubiquity of employees having and using smartphones and tablets – devices that have more capacity and processing power than desktop computers...more

The Financial Report - Volume 3, No. 11 • June 5, 2014 (Global)

Discussion and Analysis - FINRA recently simplified two rules that are critical in the public offering process. FINRA’s Corporate Financing Rule generally regulates underwriting compensation and prohibits unfair...more

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an...more

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

Federal Court Reminds Trade Secret Owners That the Statute of Limitations Isn't Everything When it Comes to Misappropriation...

Several years after an employee leaves your company, you realize that he or she has been using confidential and proprietary information acquired from your business to compete against you. Your non-compete agreement with the...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended...more

FTC PAE Study Would Collect Detailed Confidential Business Information From 25 PAEs

In the May 19, 2014 Federal Register, the Federal Trade Commission published a Notice and Request for Comments concerning its proposal ”to collect information about Patent Assertion Entity (‘‘PAE’’) organization, structure,...more

Have You Written Your BYOD Policy Yet? Don't Forget These 9 Must-Have Features

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

Connecticut Court Declines To Open New Door To Coverage In Data Breach Cases

Massive data breaches, now commonplace, often prompt alarm. But the danger they represent — unauthorized use of confidential information — does not always follow straightforwardly. ...more

Adopting A Vision: Putting The Pieces Together (Part II of IV)

People need a vision to inspire them. I know this sounds corny but I always used this motto as a motivational tool. If you can see the goal, then you can figure out a way (or ways) to achieve the goal. If you conduct a set...more

Legal Briefs: A periodic summary of judicial decisions affecting accounting and financial services professionals – May 2014

Loss of Confidential Electronic Data: New Risks for Financial Professionals - Recent highly publicized incidents of "hacking" of sensitive customer information should cause accountants and other financial professionals...more

What Happens at Work Stays at Work – The California Employer’s Approach To A National Program for Restrictive Covenants and Trade...

In This Presentation: The California Landscape: A Refresher - Post-Termination Non-Competes – Unenforceable under Bus. & Prof. Code §16600 and Edwards v. Arthur Andersen – Other jurisdictions may...more

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