News & Analysis as of

Confidential Information

Chancery Declines Confidential Treatment to Nonparty’s Claimed Sensitive Business Info

by Morris James LLP on

American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public’s interest in access may be...more

Are You Doing Enough to Protect Your Company's Secrets?

by Fisher Phillips on

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...more

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

by Holland & Knight LLP on

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....more

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part I

by McGuireWoods LLP on

Unlike the common law-dominated attorney-client privilege which developed organically in each state, work product protection comes from court rules. One might think that this would simplify courts' application of that...more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

by Snell & Wilmer on

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

Big Brown v. PowerPoint Pilferers in Trade Secret Spat

by Seyfarth Shaw LLP on

Earlier this week, the United Parcel Service, Inc. (“UPS”) filed a lawsuit in the Northern District of Georgia, Atlanta Division, against several unidentified UPS pilots, who are referred to in the complaint as “John Does...more

Does a Client Risk Privilege Protection by Bringing Her Mother to a Lawyer Meeting?

by McGuireWoods LLP on

Because it is absolute and can hide important facts from easy discovery, the attorney-client privilege is hard to create, narrow, and fragile. Among other things, even friendly third parties' presence can abort privilege...more

Nosal Reply Brief Sets Stage For SCOTUS Cert Decision

The U.S. Supreme Court, which just began a new term on Monday with a full complement of nine justices, is expected to soon decide whether it will hear the appeal of David Nosal, the former Korn Ferry executive whose...more

Don’t Be the Next Headline: Protect Your Company’s Trade Secrets!

by Lane Powell PC on

WITH UNCERTAINTY SURROUNDING PATENT LAW in the middle of this tech boom, it’s no surprise that legal headlines continue to highlight jury verdicts and court orders awarding millions of dollars for trade secret theft. When...more

Massachusetts Legislature Schedules Hearing on Non-Compete Reform

by Seyfarth Shaw LLP on

The Massachusetts legislature is back at it again. Under new leadership, the Joint Committee on Labor & Workforce Development recently scheduled a hearing for October 31, 2017 on the non-compete reform bills proposed in...more

Court Cites Risk Of Competitive Misuse To Deny Modification Of Protective Order

by Orrick - IP Landscape on

Order Denying Motion to Modify Protective Order, PhishMe, Inc., v. Wombat Security Technologies, D. Del. (September 18, 2017) (Judge Christopher J. Burke) - As demonstrated by Judge Burke’s order, courts are reluctant to...more

QUICK HITS: Protecting Confidential Information in a Collaborative Setting

by Winstead PC on

A few years ago, our firm defended a client against a claim of patent infringement. As it turned out, our client had disclosed its confidential information to a potential business partner during a pre-collaboration...more

Conducting investigations in China: four common pitfalls

by DLA Piper on

Conducting an investigation in a foreign country can be challenging, given the unfamiliarity with local laws, dynamic market conditions, the unpredictability of local enforcement actions, and language barriers. Deep local...more

Despite Clawback, Defendant’s Reckless Abandon of Rule 502 Bites Back

by Zapproved LLC on

Irth Sols., LLC v. Windstream Commc’ns LLC, No. 2:16-CV-219, 2017 WL 3276021 (S.D. Ohio Aug. 2, 2017). The court denied the defendant’s request to return privileged documents that it claimed it had mistakenly produced on...more

Deceptive Business Practices & The FTC Act

by Revision Legal on

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals...more

To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

by Dickinson Wright on

When a business develops valuable information not known to its competitors, it is often faced with a difficult and important decision: whether to disclose that information and seek federal patent protection, or to maintain...more

Departing Employees: Ensuring Protection of Trade Secrets and Intellectual Property

“Knowledge is power” goes the old adage. Well, that is certainly true in the world of business where secret processes, confidential designs, and even a good customer list can give a business a vital commercial edge over its...more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

by Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

Employment Law - September 2017

More Obama-Era Policies—Pay Data Collection, Overtime Rule—Fall - Why it matters - Continuing the rollback of Obama-era policies, the Equal Employment Opportunity Commission (EEOC) hit pause on the collection of...more

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

The DOJ is the Latest to Learn that Redactions Aren’t as Straightforward as You Think: eDiscovery Best Practices

by CloudNine on

I keep thinking that all attorneys, especially those in large corporations, large law firms and federal agencies, understand best practices associated with performing redactions.  Once again, I find that is evidently not the...more

Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols - September 2017

by Jones Day on

In cross-border restructuring cases, interested parties increasingly rely on court-approved insolvency protocols to aid in managing complex insolvencies involving debtors' assets, liabilities, or operations that span...more

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Cybersecurity

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