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Confidential Information Contract Terms Non-Disclosure Agreement

Freiberger Haber LLP

Unfair Competition: The Bad Faith Misappropriation of Confidential Information For a Commercial Advantage

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In Valkyrie AI LLC v. PriceWaterhouseCoopers LLP, 2024 N.Y. Slip Op. 06141 (1st Dept. Dec. 5, 2024) (here), the Appellate Division, First Department affirmed an order involving claims for unfair competition, tortious...more

Mandelbaum Barrett PC

Mastering Contract Law for Business Success

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Contracts are essential for any successful business relationship as they set the terms, expectations, and obligations for everyone involved. When everyone is on the same page, your business runs smoothly. Research conducted...more

Winstead PC

Key Considerations in Review of NDAs as a Buyer

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When a company is in the process of pursuing a transaction involving the acquisition or merger of another company, one of the first negotiable documents encountered will likely be a non-disclosure or confidentiality agreement...more

Burr & Forman

Protecting Confidential Intellectual Property in the Wake of the FTC’s “Final Rule” Against Non-Competition Provisions

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As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more

BakerHostetler

Trade Secret Litigation: The Power of Protection

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If, as the saying goes, an ounce of prevention is worth a pound of cure, then the insight provided by our Trade Secret Litigation team is weighty counsel that clients are wise to heed. Our attorneys’ understanding of the...more

Parker Poe Adams & Bernstein LLP

Confidential Information Agreement Adds Layer of Protection From Misuse of Proprietary Business Data

As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2023

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Introduction - As we enter a new era of business landscape dynamics, Seyfarth Shaw is pleased to present the latest edition of our annual cornerstone publication. This comprehensive 50-State Non-Compete Desktop Reference,...more

Davidoff Hutcher & Citron LLP

NDAs: 10 Key Points & Questions to Consider Ahead of the Deal

A non-disclosure agreement (NDA) is often the first legal document signed by parties intending to proceed with a transaction. It is generally perceived as a plain vanilla standard form document that should be signed quickly...more

Hogan Lovells

FTC Bureau of Competition warns against enforcing contract terms that hinder agency investigations

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On June 16, 2023 the Federal Trade Commission’s (FTC) Bureau of Competition (the Bureau) issued a statement outlining its view that the enforcement of certain contract terms “can impede the Bureau’s law enforcement...more

Holland & Hart LLP

No More Non-Competes

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In the United States, as many as one in five employees (some 30 million individuals) are currently subject to some form of “non-compete” agreement with their employer. Although the details can vary widely, such agreements...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...more

Ward and Smith, P.A.

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive...

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It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compete...more

Morgan Lewis - Tech & Sourcing

Protecting IP Ownership Rights During Brainstorming or Collaboration Sessions

When two parties come together to discuss a new idea or potential collaboration, the parties are usually operating under the protection of a non-disclosure agreement (NDA). If the parties decide to work together, they will...more

PilieroMazza PLLC

Non-Compete Agreements: What Employers and Healthcare Providers Should Know

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Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small...more

Holland & Knight LLP

Non-Disclosure Agreements and Trade Secrets: 12 Points to Consider

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When businesses share their trade secrets or confidential information with employees or third parties (a franchisee, a joint venture partner, a potential buyer, etc.), they rely on trade secret law and on non-disclosure...more

Lowndes

Non-disclosure agreements: A word to the wise to entrepreneurs

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​​​​​​​As a startup, one of the most exciting moments in your company’s growth is receiving a proposal from a large strategic or market player who wants to engage in a technical interchange in support of a potential business...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

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A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

A&O Shearman

It pays to read your NDAs

A&O Shearman on

When assessing whether a non-compete is an unlawful restraint of trade, express or implied non-contractual intentions can be used to evidence legitimate interests and therefore reasonableness. ...more

Morgan Lewis - Tech & Sourcing

Cracks in the Confidentiality Exception Boilerplate

Exceptions to confidentiality obligations are largely standardized, but in some contracts a copy-and-paste approach could, at best, lead to uncertainty and, at worst, undermine key aims of the transaction. ...more

Stoel Rives - World of Employment

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015).  Senate Bill 169, which Governor Brown signed into law...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

Saiber LLC on

In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Littler

A Rare Occurrence: California Court Overturns Arbitrator’s Award

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California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions...more

Franczek P.C.

A Not So Sweet Deal for Employers Seeking to Protect Trade Secrets Under the Inevitable Disclosure Doctrine

Franczek P.C. on

An Illinois appellate court recently clarified the outer limits of the controversial “inevitable disclosure doctrine” under the Illinois Trade Secrets Act....more

Epstein Becker & Green

New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

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A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,...more

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