Non-Disclosure Agreement

News & Analysis as of

Federal agencies attack employment agreements, and what you can do about it: 8 steps to consider

The US Securities and Exchange Commission recently caused shockwaves when it announced its first enforcement action against a company for using an allegedly improper confidentiality agreement during internal investigations....more

SEC Launches Investigation into Employment Contracts that Prevent Whistleblowing

A February 25 article in the Wall Street Journal reports that the U.S. Securities and Exchange Commission (SEC) will begin investigating the kinds of agreements that certain companies make with their employees. The article...more

Starting a New Company? Protect Your Intellectual Property Now or Maybe Never

When getting a startup off the ground and in the course of ongoing operations, it is important to take care of some fundamental housekeeping matters. The failure to do so can result in problems that could be costly and/or...more

Employers Achieve Victories in Maryland General Assembly

Maryland employers achieved victories this legislative session with the defeat of several bills that would have harmed businesses of all sizes. It is encouraging that none of these bills made it to the floor of either Chamber...more

Carefully Draft NDAs to Avoid Whistleblower Concerns

In light of the SEC’s first enforcement action against a company for impeding whistleblower activity in violation of Rule 21F-17, employers may wish to consider clarifying in their agreements, policies and practices that...more

SEC Announces Action Against Company for Using Confidentiality Agreements That Allegedly Could Deter Whistleblowers

As we discussed in a post last month, the SEC has been closely scrutinizing whether companies may be using non-disclosure and confidentiality agreements that could discourage employees from acting as whistleblowers and...more

Those NDAs May Not Be Worth the Paper They Are Written On

It is a given that companies strive to protect their intellectual property. Over the years, as an instrument of that protection, companies have made increasing use of non-disclosure agreements to advance that objective. A...more

“We have an NDA, what do you mean our trade secrets are no longer protected?”

As we all know, companies enter into non-disclosure or confidentiality agreements in the normal course of business to protect their trade secrets and other confidential information. In addition, many technology and commercial...more

SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing

The U.S. Securities and Exchange Commission (SEC) may soon be investigating the agreements companies make with their employees. According to a February 25, 2015 Wall Street Journal report, the SEC has sent requests to several...more

Start-Up Pack (Belgium)

In This Issue: - Welcome - An introduction to key legal documents for start-ups - Glossary of useful venture capital and company terms - A step-by-step guide to setting up a company in Belgium - A shareholders’...more

Nondisclosure Agreements: A Lesson from Daughters of Charity

On February 23, 2015, Daughters of Charity Health System filed a complaint in Santa Clara County against Service Employees International Union, the local SEIU affiliate, and Blue Wolf Capital, the SEIU’s ally in a bid for the...more

Blog: 10 Considerations to Protect Confidential Information When Selling Your Company

It’s inevitable that you will have to share some confidential information with potential buyers during the course of a sale process. Anyone thinking about buying your business will want to do at least some level of diligence...more

SEC Sweep on NDAs Restricting Whistleblowers

The Wall Street Journal reported Thursday that the SEC is in the midst of a sweep to crack down on companies’ use of NDAs or employment agreements that might impede whistleblower reporting in violation of Dodd-Frank...more

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

SEC Targeting Broad Employee Confidentiality Clauses

February 27, 2015 Authors: Gregory Keating and Harry Jones The Securities and Exchange Commission (SEC) has recently contacted a number of companies seeking every confidentiality agreement, nondisclosure agreement, settlement...more

When an Exception is Not an Exception…

Lawyers see non-disclosure agreements all the time. Some of our well-established clients may see literally hundreds of them over the course of a year. In fact, we all probably see so many of them that they may not always get...more

CFPB’s Position on Confidential Supervisory Information

Is your financial institution or company subject to the Consumer Financial Protection Bureau’s (CFPB) supervision? If so, take note of a recent bulletin warning supervised entities – both banks and non-banks – about the...more

A Friendly Reminder from CFPB on Confidential Supervisory Information

On January 27, 2015, the Consumer Financial Protection Bureau (“CFPB”) issued a Compliance Bulletin 2015-1 (the “Bulletin”) reminding supervised financial institutions about regulatory requirements surrounding Confidential...more

Special Alert: CFPB States Supervisory Obligations Trump Nondisclosure Agreements

On January 27, the CFPB issued Compliance Bulletin 2015-01 to remind supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information (CSI) to the CFPB and to third...more

A Win for Employers Enforcing Restrictive Covenants in Virginia

The enforceability of a restrictive covenant in an employment agreement, including a non-competition, non-solicitation, or non-disclosure provision, depends greatly on the state in which the covenant is to be enforced. ...more

Delaware Corporate Law And Litigation: What Happened In 2014 And What It Means For You In 2015

In This Issue: - Delaware’s Leading Role in Business and Business Litigation - Curbing Stockholder Litigation: Exclusive Forum and Fee-Shifting Provisions - Two-Tiered Poison Pill Targeted at Hedge Fund...more

“Warrant Canaries” Increasingly Part Of Tech Companies’ Repertoire

In 2001, with the passage of the USA PATRIOT Act, Congress expanded the federal government’s ability to issue National Security Letters (“NSLs”) to companies that have information relevant to counter-intelligence or terrorism...more

Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality

nClosures Inc. v. Block and Company, Inc. - Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit reminded prospective business partners that non-disclosure agreements will not be effective by...more

Enforceability of Confidentiality Agreements – Confidential Information Must Be “Confidential”

For many companies, entering into confidentiality or non-disclosure agreements is common practice when sharing confidential or proprietary information with third parties. However, as the recent case nClosures, Inc. v. Block...more

FINRA: Firms Should Not Restrict Whistleblower Rights

Why it matters - In a new regulatory notice, the Financial Industry Regulatory Authority (FINRA) reminded regulated firms not to prohibit the exercise of whistleblower rights in settlement agreements with employees and...more

99 Results
|
View per page
Page: of 4

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×