News & Analysis as of

Breach of Confidence

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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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

Proskauer - Whistleblower Defense

Texas District Court Grants Summary Judgment on SOX Whistleblower Counterclaim

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

Allen Matkins

Covington's Substantial Investment In Protecting Client Confidences

Allen Matkins on

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

Dechert LLP

English High Court Maintains Claimant’s Anonymity in Cyberattack Case

Dechert LLP on

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

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

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

Walkers

“Off the record?” Covert recordings in employment disputes

Walkers on

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

Proskauer on Privacy

English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack

Proskauer on Privacy on

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

Orrick, Herrington & Sutcliffe LLP

Warren v DSG Retail Ltd – Shifting the Liability Landscape in Post‐Cyberattack Litigation

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

Dechert LLP

New Joiners Bringing Confidential Information – Managing the Risks for Recruiting Employers

Dechert LLP on

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

International Lawyers Network

Protecting Confidential Information in Canada: Is there a Better Way?

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

A&O Shearman

Horse betting company not liable for breach of confidence, but is liable for unlawful means conspiracy

A&O Shearman on

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

Dechert LLP

How are Businesses’ Confidential Information and Trade Secrets Protected?

Dechert LLP on

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

Hinshaw & Culbertson LLP

California Supreme Court Holds Monster Energy Can Pursue Claim Against Attorney for Breach of Confidentiality in Settlement...

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

Blake, Cassels & Graydon LLP

Proposed Privacy Class Action “Collapses in its Entirety” on Commonality

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

Bradley Arant Boult Cummings LLP

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

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

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