News & Analysis as of

Non-Disclosure Agreement

When Confidential is Not Confidential - Identities of Confidential Sources of Distressed Debt Reporter are Not Subject to NY...

by Dechert LLP on

There is the general expectation that when a source discloses information to a reporter on a confidential basis, the source will be protected and their identity and communications cannot be forced to be disclosed. This is...more

Deorbiting Your Own Intellectual Property Fight

Ponder, for a moment, the following hypothetical. You develop specialized technology for in-orbit robotic satellite assembly, repair and servicing. You store the technology at a theoretically secure customer site—a NASA...more

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

by Fisher Phillips on

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency...more

Delaware Proposes Unclaimed Property Regulations – No April Fools

by McDermott Will & Emery on

On Saturday, April 1, 2017, the Delaware Department of Finance (DOF) promulgated two regulations that would repeal all existing unclaimed property regulations and replace them with a single DOF regulation containing a revised...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

Tips For Non-Disclosure Agreements With Chinese Companies

by Fox Rothschild LLP on

In a previous post on IP Spotlight, I provided a few tips for negotiating non-disclosure agreements. In the post, I noted that a “form” NDA should only be considered a starting point. The parties should modify it as...more

Guidebook: Cybersecurity in the Pharma, Biotech, and Medical Devices Industries

by Foley & Lardner LLP on

As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

by Nexsen Pruet, PLLC on

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The...more

Approaching an NDA From the Client’s Perspective – A Checklist of General Considerations

Nondisclosure or confidentiality agreements (NDAs) are among the most common documents attorneys draft and review for clients. They are so common, in fact, that where a client needs to execute a large number of facially...more

All Trade Secrets Must Be Secret; But Not All Secrets are Trade Secrets

A pair of recent cases illustrate two important interrelated points about trade secret law: First, all trade secrets must be secret. Second, and less obvious, not all secrets are trade secrets....more

Top 10 Tips – Contractual Audits

by Reed Smith on

Audit provisions are very commonly found in commercial contracts, especially those which involve payment of a licence fee or royalty. They are often not the clauses which attract the most attention during contract...more

Top Takeaways: 3 “Secrets of Trade Secrets”

Kilpatrick Townsend partners Lou Barbieri, Josh Ganz, and John Jett recently presented to a group of entrepreneurs at the Atlanta Tech Village on the “Secrets of Trade Secrets.” Here are three key takeaways from the...more

IPF Launches Template Non-Disclosure Agreement and Exclusivity Agreement

by Hogan Lovells on

A non-disclosure agreement (NDA), also known as a confidentiality agreement, is typically entered into between parties who need to share confidential information with each other in order to evaluate it, typically as a prelude...more

Data Theft And What’s “Tangible”: New York Appellate Division Reinstates Conviction Of Former Goldman Sachs Programmer Sergey...

The law often lags behind developments in the tech world. One problem for employers seeking to protect their data is that some anti-theft and trade secret protection laws drafted long ago refer to “goods” and “tangible”...more

Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

by Seyfarth Shaw LLP on

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m....more

Big Changes for California’s Labor, Employment Laws

by Best Best & Krieger LLP on

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish...more

Informing Illinois Newsletter - January 2017

by Hinshaw & Culbertson LLP on

How to Protect Business Information From Disclosure Under Illinois' FOIA - Local governments often possess sensitive proprietary information of their vendors or of regulated businesses. Because the Illinois Freedom of...more

Gavel to Gavel: First steps in buying or selling a business

by GableGotwals on

Acquiring or divesting an existing business is a complex endeavor that requires considerable planning and analysis by both the seller and the buyer to protect their respective interests. Originally published in The...more

Court Throws Out Back Massager Trade Dress Infringement Claims on Motion to Dismiss

As the first-filed paper in nearly any litigation, the complaint is typically subject to rigorous scrutiny from the named defendant to identify any flaws that may dispatch the case via a motion to dismiss. A plaintiff in the...more

Court Orders Forensic Examination of Key Custodian Computers: eDiscovery Case Law

by CloudNine on

In Davis v. Crescent Electric Company et. al., No. 12-5008 (D. S.D., Oct. 12, 2016), South Dakota District Judge Lawrence L. Piersol ruled that a non-disclosure agreement would sufficiently protect any and all confidential...more

Title VII & Sexual Orientation: Update

by Zelle LLP on

Federal law does not explicitly prohibit discrimination in employment on the basis of sexual orientation, gender identity, or transgender status. Title VII of the Civil Rights Act of 1964 makes it an “unlawful employment...more

White House Continues Attack on Non-Compete Agreements

by Jackson Lewis P.C. on

“State Call to Action on Non-Compete Agreements” is the White House’s latest in a series of Executive Branch missives decrying the purported misuse of non-competition agreements by employers across the country....more

Protecting a Tech Company’s Technology and Other Employment Terms: Proprietary Information and Invention Assignment Agreement

Ideas, knowledge and processes are the most important aspects of most early-stage tech companies, so one of the most important questions facing these companies is how to protect the intellectual property and the business from...more

Army Ammunition Goes Green and Infringement Free

by McDermott Will & Emery on

In a patent infringement action against the US Army for its use of lead-free “green bullets,” the US Court of Appeals for the Federal Circuit concluded that the trial court erred in broadly construing a term of degree and the...more

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Cybersecurity

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