News & Analysis as of

Non-Disclosure Agreement Risk Management

Baker Donelson

Guardians of the Goldmine: Building an Effective Confidentiality Program

Baker Donelson on

On August 14, Judge Corrigan for the Middle District of Florida, in Properties of the Villages vs. FTC, found that the FTC did not have the authority to enter its planned Noncompete Rule, and entered an order granting an...more

Pillsbury - Propel

Protecting IP During Joint Development Projects: Agree on More than Non-Disclosure

Pillsbury - Propel on

As industry and markets have progressed, the technology they create has seen a commensurate increase in complexity. In practice, this results in the hyper-specialization of businesses so that they may continue to innovate at...more

Integreon

Streamlining NDA Negotiations for Middle Market Investment Banks: The Case for a Transformative, Tech-Enabled Solution

Integreon on

In the fast-paced world of middle market investment banking, efficiency is currency. Large investment banks representing sellers often enter into thousands of non-disclosure agreements (NDAs) every year. These agreements are...more

Pillsbury - Propel

The Devil’s in the Details: How a Bad Contract Can Ruin Your Startup

Pillsbury - Propel on

In the high-stakes world of new business ventures, overlooking the smallest detail can have catastrophic consequences. This is particularly true when it comes to contracts, the very backbone of business operations. A poorly...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Regulating AI: An Overview of Federal Efforts

This first part of a two-part series on U.S. regulation of artificial intelligence systems provides an overview and modern context for the existing regulatory, legal and risk management landscape for AI systems in the U.S.,...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

Dorsey & Whitney LLP on

Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Fish & Richardson

Crafting a Comprehensive Trade Secret Strategy

Fish & Richardson on

Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the...more

Mintz - Intellectual Property Viewpoints

Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade...more

Obermayer Rebmann Maxwell & Hippel LLP

What Employers Need to Know to Safeguard Their Trade Secrets

The protection of trade secrets and other confidential information is important to the bottom line of every company, whether a Fortune 100 corporation or a small business. In furtherance of that objective, this post gives...more

Troutman Pepper

Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World

Troutman Pepper on

In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual...more

Chambliss, Bahner & Stophel, P.C.

Trade Secret Protection in the Remote Working World

Out of necessity during the COVID-19 pandemic and related “stay-in-place” orders, many businesses have transitioned their workforce to work-from-home or similar remote working arrangements. The working world is making...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

FordHarrison on

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Tucker Arensberg, P.C.

Trade Secrets 101: If You Want To Call Something a Trade Secret, You Have To Take Steps To Protect It

Tucker Arensberg, P.C. on

Courts have long held that, in order for something to be considered a “trade secret,” a business owner has to actually make efforts to keep the supposed trade secret a secret.  It stands to reason that if no efforts are made...more

BCLP

NDAs: The EHRC calls for employers to make important changes to their practices with settlement agreements

BCLP on

The Equality and Human Rights Commission has issued guidance on the use of confidentiality provisions in discrimination cases. The guidance, if followed in its entirety, would mean employers significantly changing the way...more

Seyfarth Shaw LLP

Recent Developments In Securities Litigation: The “Event Driven” #MeToo Lawsuit

Seyfarth Shaw LLP on

The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more

King & Spalding

What happens in Vegas...

King & Spalding on

Non-financial misconduct and the UK Senior Managers and Certification Regimen - The old adage goes that, “What happens in Vegas, stays in Vegas.” But, does this really hold true in the UK financial services sector?...more

Hahn Loeser & Parks LLP

Contractors – Protect Your Confidential Information from Wrongful Disclosure

Unit pricing and other confidential information contained within your bid documents may be recognized as a trade secret under Ohio’s Uniform Trade Secret Act and similar federal laws. What does that mean? In simple terms, it...more

Benesch

Legal Trends: The #MeToo Movement’s Influence on Certain State Laws Relating to Nondisclosure Agreements

Benesch on

New Jersey recently enacted new legislation (NJ SB 121) that deems the inclusion of nondisclosure provisions regarding “the details relating to a discrimination, retaliation, or harassment claim” as against public policy and...more

FordHarrison

New Jersey's Response to #MeToo: New Law Voids Non-Disclosure Agreements and Questions Future of Employee Arbitration Agreements

FordHarrison on

Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right...more

Poyner Spruill LLP

How to Stop Departing Employees from Walking Off with the Company Jewels

Poyner Spruill LLP on

Problem: A key member of the design team for your start-up company's upcoming product launch has just quit in a huff over compensation. He (or she) threatens to go to your primary competitor and share everything they know...more

FordHarrison

California Governor Signs Wave Of New Gender/Sex Related Bills Into Law In The Wake Of #MeToo

FordHarrison on

On September 30, 2018, California Governor Edmund J. Brown, Jr. signed into law eight new bills involving gender and sexual harassment training and related issues. ...more

Seyfarth Shaw LLP

New York State Releases Final Anti-Sexual Harassment Materials

Seyfarth Shaw LLP on

Seyfarth Synopsis: In compliance with legislation passed earlier this year, New York State has released the final model sexual harassment policy and complaint form, the model training materials, and FAQs, which provide...more

Littler

NY Pushes Back Sex Harassment Training Deadline to October 9, 2019

Littler on

On Monday, October 1, 2018, the State of New York released final versions of a sexual harassment policy, complaint form, and employee training relating to sexual harassment, among other guidance, pursuant to legislation...more

Cozen O'Connor

Do You Know What Your Employees Are Talking About In Public? How To Avoid The Inadvertent Disclosure of Your Company’s...

Cozen O'Connor on

Most companies take extensive steps in on-boarding a newly hired employee about the employers’ confidential information and non-disclosure policies. Often times, employers will have the new employee sign a non-disclosure...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released...more

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