News & Analysis as of

Confidential Information

Privacy Perils: How Much "I" is TMI?

by Bass, Berry & Sims PLC on

In a Privacy Peril last month we noted steps you can take to lockdown your Facebook account so you are not inadvertently sharing data with unintended third parties. While recent revelations have disclosed how extensively...more

North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more

Brazilian Labor Courts Continue To Emphasize Importance Of Non-Compete Clause Limitations

by Jackson Lewis P.C. on

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,”...more

EPA's TSCA Chemical Substance Inventory Identifies Newly Designated “Active” Chemicals

The U.S. EPA has released the updated Toxic Substances Control Act (TSCA) Chemical Substance Inventory (Inventory), which identifies non-confidential chemical substances designated as “active” in U.S. commerce. The April 2018...more

Reaping Innovative Rewards With a Well-Sown NDA

Whether you are a recently forged startup or rapidly growing business venture, you likely have a strategy, technique, procedure, trade secret, or some other confidential information you hold dear to your success. ...more

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals...

by Seyfarth Shaw LLP on

A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA)....more

Attorney Client Privilege is Not Dead – At Least Not in Pennsylvania

by Tucker Arensberg, P.C. on

Confidential information that you give to your attorney is still protected in Pennsylvania. The duty to keep your information confidential is known as the attorney-client privilege. The duty is called a “privilege” because it...more

Don’t Worry, Your Secret is Safe With Me

by Fisher Phillips on

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

Contract Corner: Is It Time for Form NDA Spring Cleaning?

by Morgan Lewis on

It is important to periodically review form agreements to ensure that the provisions that were favorable or represented your company’s position in the past continue to accurately protect your company’s interests....more

Court Says Anticipated Litigation Unnecessary to Support Common Interest Doctrine Protection

by McGuireWoods LLP on

Despite litigants' and bar groups' valiant efforts to expand common interest doctrine protection to transactional settings, most courts limit that doctrine's protection to ongoing or anticipated litigation contexts. However,...more

Strong Shield Law Protections for Journalists in California and Across the Country

by Kelley Drye & Warren LLP on

There has been a series of cases in recent months involving attempts by the government to expose journalists’ confidential sources of information. These cases tend to follow a familiar pattern: the government seeks the...more

The Defend Trade Secrets Act: Five Key Lessons

by Pierce Atwood LLP on

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. ...more

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

FTC Warning: Don’t Overshare in Pending Deals

by Shearman & Sterling LLP on

The Federal Trade Commission (FTC) has recently re-emphasized the potential risks of antitrust violations stemming from the exchange of competitively sensitive information during pre-merger negotiations and due diligence....more

Rules on confidentiality of substance use disorder patient records recently changed

by Bricker & Eckler LLP on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

Georgia Legislature enacts significant income, sales, and property tax legislation

The Georgia legislative session concluded on March 29, 2018. In addition to two major bills relating to federal tax reform, Georgia enacted several other pieces of notable tax legislation....more

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

by Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

Antitrust Risks of Exchanging Information Before the Deal is Done

The Federal Trade Commission (FTC) recently issued guidance explaining how parties to a merger or acquisition can reduce antitrust risk when exchanging competitively sensitive information prior to closing. The exchange of...more

Why Your Company Should Be Using Email Enterprise Vaults, Anti-Deletion Programming and Key Stroke Surveillance Software in the...

by Fisher Phillips on

Twenty-five years ago most companies’ greatest fear of espionage was employee theft at the photocopy machine at 2 in the morning. The company playbook could not be forwarded in an email or put on a thumb drive in a matter of...more

Peer Review Privilege Limited by Pennsylvania Supreme Court Decision Has Implications for Healthcare Providers Nationwide

by BakerHostetler on

On March 27, 2018, the Supreme Court of Pennsylvania issued a long-awaited 4-3 decision in which the majority limited the scope of Pennsylvania’s Peer Review Protection Act (PRPA), 63 P.S. §425. The court held that, in order...more

Raging Bull: Getting Beat Up On Glassdoor?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

M&A 101: Key Concepts in Non-Disclosure Agreements

by Faegre Baker Daniels on

Contemplating an M&A transaction? Negotiating a confidentiality agreement, often referred to as a non-disclosure agreement or “NDA,” is one of the first steps in the M&A process. Although NDA negotiations may seem like a...more

Union Requests for Medical Information: Do You Have to Provide It?

Employers often receive requests for medical information from the unions representing their employees. These requests come up in a variety of contexts and include...more

Trade Secrets: Protecting Clean Energy Technology

In today’s competitive marketplace, it is vital that you have a comprehensive plan in place to protect your intellectual property. While most companies include patents and trademarks as key components of their plan, many...more

Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

by Ward and Smith, P.A. on

You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for very...more

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