News & Analysis as of

Confidential Documents

Confidentiality and Sexual Harassment Claims – Will New Laws Limit Settlement Agreement Language?

In the recent wave of sexual harassment cases against public figures, it has come to light that women were paid large sums of money to keep their harassment allegations private, thus allowing their harassers to continue their...more

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules? - ALJ Rules Broad Confidentiality and Texting Rules Lawful

by Fisher Phillips on

Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more

Competition News - October 2017

by Dentons on

Prohibiting an authorized distributor from selling on a market place is not necessarily a hardcore restriction of competition - By a decree dated September 13, 2017, the French Supreme Court gave its support to brands...more

Non-Public Review of Registration Statements

by King & Spalding on

On July 10, 2017, the SEC’s Division of Corporate Finance started accepting confidential submissions for draft registration statements for all initial public offerings (IPOs) for non-public review. Previously, in connection...more

SEC Commences Expanded Nonpublic Review of Registration Statements

by Dechert LLP on

The U.S. Securities and Exchange Commission recently announced1 an expansion of nonpublic review of draft registration statements for initial public offerings, initial registrations of classes of securities under Section...more

In Case You Missed It: Launch Links - July, 2017 #2

by WilmerHale on

Some interesting links we found across the web this week: Why It’s so Difficult to Disrupt - The growing expectations of venture capitalists may be pushing founders to focus solely on unsustainable growth, rather than...more

SEC Expands Use of Confidential Submissions of Draft Registration Statements

by Foley & Lardner LLP on

The U.S. Securities and Exchange Commission (SEC) recently announced that, beginning on July 10, 2017, the Division of Corporation Finance (the Division) will permit all companies to submit draft registration statements, on a...more

SEC Expands Confidential Submission Process to All IPOs

by Bracewell LLP on

The Staff of the Division of Corporation Finance of the Securities and Exchange Commission announced that it will permit all companies to submit draft registration statements relating to initial public offerings (IPOs) for...more

All Issuers Eligible to Confidentially Submit Draft IPO Registration Statements

by Dorsey & Whitney LLP on

One of the more utilized provisions of the Jumpstart Our Business Startups Act (JOBS Act) has been the confidential submission of IPO registration statements by Emerging Growth Companies (EGCs) to the Securities and Exchange...more

SEC to Permit Confidential Submission of Draft Registration Statements for All IPOs and Spin-Offs, Including by Non-EGCs

by Shearman & Sterling LLP on

On June 29, 2017, the SEC’s Division of Corporation Finance announced that, beginning on July 10, 2017, it will permit confidential submissions of draft registration statements for all initial public offerings (IPOs),...more

Three Considerations of Document Proposal

by Dentons on

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional...more

Uncle Sam Wants You! (to Provide Employee Compensation Data)

by Foley & Lardner LLP on

A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of...more

Congress Releases Unclassified Summary on Snowden/NSA Leak

by Snell & Wilmer on

On September 15, 2016, the House of Representatives’ Intelligence Committee released its summary findings of a two-year investigation concerning the unauthorized disclosures made by former National Security Agency (NSA)...more

CPUC Cracks Down on Secrecy of Utility Data

For California utilities, ensuring their information stays confidential just got harder. On August 25, 2016, the California Public Utilities Commission issued a decision updating the process for submitting potentially...more

Defend Trade Secrets Act — Implications for Private Funds

On May 11, 2016, the federal Defend Trade Secrets Act (DTSA) became law. The DTSA provides trade-secret protections on the federal level that are similar to those available through the Uniform Trade Secrets Act (UTSA)...more

New York’s Commercial Division Requires Motion to Seal When Redacted Documents are Filed

The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal....more

The Case for a Comprehensive 360° IP Strategy: Step 1 - Assessment

by Miles & Stockbridge P.C. on

This article is the first entry in a multi-part series on the critical need for businesses to extract total value from their IP assets by developing and applying a comprehensive, consistent and efficient IP strategy. An...more

Really? Viable Retaliation Claim for MA Employee Terminated For Secretly Searching Company Files

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An employer terminated an employee for secretly searching for confidential documents on her employer’s computer system to use against the employer as part of a discrimination complaint. Massachusetts’...more

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

by Foley Hoag LLP on

On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

Xarelto’s Approval by the FDA

The controversy over Xarelto’s approval by the FDA and alleged irregularities in the conduct of the ROCKET-AF clinical trial continue to hang over the heads of Bayer and Janssen (a division of Johnson & Johnson), the...more

Proposed Changes to the Part 2 Regulations: Another Example of Necessary Flexibility in the Wake of Changes to Health Care...

by Baker Ober Health Law on

On February 9, 2016, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations governing...more

SAMHSA Proposes Changes to Substance Use Disorder Treatment Confidentiality Regulations

by McDermott Will & Emery on

On February 5, 2015, the Substance Abuse and Mental Health Administration (SAMHSA) released a long-awaited proposed rule to modify the confidentiality rules that apply to patient identifying information generated by federally...more

One Step Forward and Two Steps Back: Proposed Changes to the Alcohol and Drug Abuse Treatment Confidentiality Rule

by Davis Wright Tremaine LLP on

On Feb. 9, 2016, the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) published in the Federal Register a proposed rule putting forth amendments to the Alcohol...more

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