Non-Disclosure Agreement

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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

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Turkey: The authorities launch a tender for the privatization of the lotteries

The Turkish authorities have published today an announcement regarding the privatization of their lottery services (Official Gazette w. no. 28833)....more

Are You Leaving Some Of Your Most Important Assets Unprotected? – Trade Secrets

Trade secrets can be some of the most valuable assets a company has and it is important put procedures in place to safeguard this information. The Uniform Trade Secrets Act, adhered to by a majority of states, defines trade...more

UK High Court Revisits Issue of Where a Contract Is Formed

Court confirms that, in certain circumstances, a contract can be made in two jurisdictions. On 7 October 2013, in Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, [2013] EWHC 2968 (Ch), the High Court of...more

Seek Advice In Drafting Trade Secrets And Confidentiality Agreements

In an article recently posted at mondaq.com, Richard Stobbe provides several excellent examples of why employers should consult with their counsel when drafting trade secrets and confidentiality agreements, instead of copying...more

Implementing a Trade Secrets Protection Program

In the business world, protection of trade secrets can make the difference between success and failure, or profit and loss. This post seeks to show you how to protect your company’s trade secrets so that in the event one of...more

Keeping Secrets: Trade Secrets and Confidentiality Agreements

If you are a business owner or an entrepreneur, you have probably encountered non-disclosure agreements or agreements with a similar title: confidentiality agreements, CAs, NDAs or confidential disclosure agreements. These...more

Confidentiality Agreements: How To Draft Them And What They Restrict

I. Confidentiality Agreements And Their Effects Are Evolving - A confidentiality agreement (also sometimes called a non-disclosure agreement or “NDA”) is typically the first stage for the due diligence process in a...more

Oktoberfest Edition! Beer And Trade Secrets

Yes, we know the real Oktoberfest takes place primarily in September, and, yes, this post has nothing to do with Germany or celebrations or even fun. But this time of year presented a good excuse to write about the...more

Class 6: How to Avoid Losing Patent Rights

In This Presentation: •Today’s Main Topic: – How to Avoid Losing Patent Rights •May Cover: – What is Intellectual Property (Class 1 Redux)? – Making Use of Trade Secrets (Catch-up from...more

Recommendations for Avoiding Trade Secret Misappropriation

Although the following recommendations will not eliminate all risks, each one will have a cumulative effect toward establishing a structure that is most likely to prevent the disclosure or use of trade secrets by new...more

It’s Critical to Protect Your Proprietary Information

Lawsuits against employees and contractors, including consultants, for unauthorized use of a company’s confidential and proprietary information are common. For instance, on July 29, Abunassar Impact Basketball LLC filed suit...more

Intellectual Property Bulletin - Summer 2013: Federal Circuit Holds That Failure to Abide by NDA Confidentiality Designation...

Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more

How to Protect Confidential Business Information in Tennessee

A dilemma employers often face when key employees leave and join a competitor is how to stop the employee from taking and misusing the employer’s confidential business information. In Tennessee, such questions are answered,...more

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