Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more
On August 6, 2024, the U.S. District Court for the Northern District of Texas granted an employer’s motion for summary judgment on a SOX whistleblower retaliation counterclaim, holding that the former employee failed to...more
As previously reported in this blog, the United States Securities and Exchange Commission is attempting to force the international law firm of Covington & Burling, LLP to identify hundreds of its publicly traded clients. ...more
The High Court has granted the victim of a cyberattack a permanent injunction against cyberattackers without the victim organisation having to reveal its identity. Generally, a claimant's identity is public in court...more
US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more
We have seen a number of cases recently in Jersey and Guernsey where issues relating to covert recordings have arisen. Historically, employers have been reluctant to record disciplinary proceedings, and this does occasionally...more
In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and...more
Since the General Data Protection Regulations ("GDPR") came into force in 2018, companies in the United Kingdom (UK) that have suffered cybersecurity attacks often face civil claims from individuals whose data has been...more
Introduction - Employers whose new recruits bring with them potentially confidential information from their prior employment need to be mindful of the risks of claims from an individual’s previous employer, not just on the...more
The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more
Sports Information Services Ltd (SIS) was not liable for breach of confidence as it lacked notice that the information it received from a third party was communicated in circumstances importing an obligation of confidence on...more
A thorny question which can arise on the termination of an individual’s employment relates to the individual’s ongoing duty of confidentiality to his or her former employer. A recent case brought by Trailfinders (a well-known...more
Monster Energy Co. v. Schechter, et al., California Sp. Ct., Case No. S251392 (July 11, 2019) - Brief Summary - The California Supreme Court ruled that where an attorney signs a settlement contract under the notation:...more
On May 7, 2019, in Kaplan v. Casino Rama Services Inc. (Kaplan), the Ontario Superior Court of Justice refused to certify a privacy class action arising out of a criminal cyberattack that included allegations of breach of...more
Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more