Non-Disclosure Agreement

News & Analysis as of

Watchdogs Petition SEC to Strengthen Prohibitions Against Impeding Complaints to SEC

On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more

EEOC Puts Severance Agreements In Its Crosshairs

It may be time to reassess what are widely considered to be standard provisions in your severance agreements. One of the EEOC’s latest initiatives is to target fairly routine provisions in severance agreements, including...more

Start-Up Pack

The purpose of this Start-Up Pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis. Creating the right legal framework and ensuring that the...more

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

Corporate and Financial Weekly Digest - Volume IX, Issue 21

In this issue: - CME Delays Prohibition on Transitory EFRPs - JAC Issues Guidance on Margin Funds - CFTC Hands Out First Whistleblower Award - NFA Adopts Fee for Registration...more

The Fact and Fiction of Non-Disclosure Agreements

Entrepreneurs looking for angel or venture funding, or a strategic partnership, rely on Non-Disclosure Agreements, or NDAs, to protect their trade secrets, shield employees from poaching by the other parties, and keep...more

Protecting Your Start-Up’s Core Assets

In my series of posts with advice for start-ups, I think this is the most important one. It is about protecting the heart of your business, i.e. those assets that form its foundation, drive its prospects and distinguish it...more

Incubate This: Trade Secrets Lessons From HBO’s Silicon Valley [May Contain Spoilers]

HBO’s new series Silicon Valley satirizes the tech zeitgeist born and bred in the region that is the show’s namesake by following a group of young software developers on their journey to build the next billion-dollar startup....more

Non-Disclosure Agreements: How to Properly Execute the Silicon Valley Handshake

Non-disclosure agreements (NDA) have become so commonplace that they are now referred to as the “Silicon Valley Handshake.” Indeed, it would seem that every third party transaction commences with the presentation of one or...more

Startups seeking crowdfunding: Avoiding patent pitfalls

Many startup companies want to change the world with their great new ideas – but, in an effort to raise funds, some jeopardize their ability to protect those great new ideas with patents. This doesn’t have to happen. With a...more

2014 Public Company M&A: a short, practical primer

In this new edition of the popular Public Company M&A Primer, originally published in 2013, Ed Batts covers recent changes in the M&A process for public companies. Are you considering bidding for a public company? Has...more

Texas Court Of Appeals: Providing "Treasure Map" To Potential Investors Without Non-Disclosure Agreement Does Not Destroy Trade...

A Texas Court of Appeals upheld a jury's determination that a seismic map of an underground natural gas field retained its trade secret status, despite the fact that the owner gave the map to the alleged misappropriator and...more

Proposed FAR Amendment Would Greatly Expand Policing of Contract Employees for Personal Conflicts of Interest

People are people. As such, contract employees and self-employed subcontractors will inevitably create relationships with others based on common interests. Most of these relationships are, for purposes of this discussion,...more

Document Library to Protect and Capitalize on Intellectual Property

All companies need to take steps to document their rights in and the value of their intellectual property. When your core business is based on key intellectual property, be it a distinctive brand (trademark), innovative...more

Properly Analyzing Breach of a NDA - Loftness Specialized Farm Equip., Inc. v. Twiestmeyer

The U.S. Court of Appeals for the Eighth Circuit has explained that under Minnesota law it is inappropriate to apply the test for the tort of misappropriation of trade secrets and confidential information when the issue is...more

Protecting Your Value: The Importance of the Employee NDA

Where is your company’s value? If you are a young start-up company, it’s probably in ideas. Any new invention, new way of attracting business, new way of streamlining a process, or anything else “new” starts with an...more

TransCardiac's State Court Complaint Avoids Raising Federal Question

Judge Totenberg remanded the case brought by TransCardiac Therapeutics, Inc. (“TransCardiac”), against Ajit Yoganathan, Ph.D, Jorge H. Jiminez, Ph.D., Vinod H. Thourani, M.D., Emory University, Georgia Tech Research...more

Loose Lips Sink Former Employee’s Ship

Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that...more

Florida Business Litigation Update: “Confidential” Settlements Really Need to Remain Confidential

The vast majority of bona fide commercial cases end in settlement. It has become a generally accepted practice in commercial practices to include a confidentiality provision in settlements so as to ensure that the parties...more

The First Rule of Bieber Parties: Can You Talk About Bieber Parties?

Although 2014 has thrust Justin Bieber into the legal spotlight for a variety of reasons, the most interesting Beiber-related legal question surrounds a party he threw at his California home in November, 2013. While the party...more

Update on non-disclosure – Prepaid v Atradius (No.2)

Readers may recall our previous entries in July 2012 and August 2013 concerning the decisions of Prepaid Services Pty Ltd v Atradius Credit Insurance NV [2012] NSWSC 608 and Prepaid Services Pty Ltd & Ors v Atradius Credit...more

The Restaurateur’s Dilemma: Should Owners Force Chefs To Sign Ndas?

Should restaurateurs wonder each time they hire someone: Will this person steal their recipes — the bread and butter of their business?...more

Quick Reference Guide For Laws Governing Post-Employment Conduct - Fifty States At A Glance

In the first days after a key employee, or any employee with access to a company’s sensitive or proprietary business information, leaves to join a competitor, employers must quickly decide how to respond. In these situations,...more

Twas the Night Before Christmas -- Non-Compete Style

Twas the night before Christmas, when all through the company; A disgruntled employee kept saying “please jump with me.” She was trying to line up a grand, mass departure; Of which she was certain no one could...more

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