News & Analysis as of

Confidential Information Disclosure

Pullman & Comley - Labor, Employment and...

Your Attorney Cannot Always Shield You From the FOIA

Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (FOIA), believing that anything sent to me is automatically covered by the attorney-client privilege. ...more

McCarter & English, LLP

Who Sins Most? The Tempter or the Tempted?—Court of Chancery Allocates Equal Fault Among Acquirer and Target Officers in Merger...

In In re Columbia Pipeline Group, Inc. Merger Litigation, C.A. No. 2018-0484-JTL, the Delaware Court of Chancery allocated liability among two sell-side officers and a third-party acquirer under the Delaware Uniform...more

ArentFox Schiff

IRS Data Leak Hits Home: Actions for Taxpayers in the Wake of the Littlejohn IRS Data Breach

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The Internal Revenue Service (IRS) has begun the process of informing over 70,000 taxpayers that their confidential tax information was leaked in a widespread breach by a former IRS contractor. Those impacted should take...more

Proskauer - Minding Your Business

New York’s Court of Appeals Holds Some Internal Training Materials Are Privileged

The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more

Sheppard Mullin Richter & Hampton LLP

Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in...more

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

Can You Get a Court to Stop Someone from Sharing Customer/Client Lists?

Can you get a court to stop someone from sharing customer/client lists in Arkansas? As explained in this blog post, it depends. But often the question is debatable and hiring an attorney experienced in unfair competition...more

Morrison & Foerster LLP

UK Data Recording Obligations – Have You Got the Message?

In recent weeks, the use of encrypted messaging applications for business purposes has returned to the spotlight. In July 2023, legal challenges surrounding the disclosure of messages on devices used by former Prime Minister...more

Bradley Arant Boult Cummings LLP

Protective Order Battle Could Undermine Trump's Effective Defense

A battle is heating up in the Jan. 6 criminal case against former President Donald Trump that, while seemingly technical, will likely have a significant impact on the defendant’s ability to mount a defense. It may well serve...more

Health Care Compliance Association (HCCA)

Privacy Briefs: July 2023

A former hospital worker in Arizona was sentenced to 54 months in prison and ordered to pay restitution after pleading guilty to two felony counts involving identity theft and health information disclosure. In the plea deal,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

Troutman Pepper

FERC Requires Disclosure of Privileged Material Regarding JP Morgan’s Relationship with Mankato

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On May 11, 2023, FERC notified Mankato Energy Center, LLC and Mankato Energy Center II, LLC (“Mankato Companies”) that it will release certain privileged information included in the initial brief that Mankato Companies...more

Reveal

[Webinar] Useful techniques for FOI practitioners to optimize their review and redaction process - 6 FOI challenges (Episode 2) -...

Reveal on

Public authorities have a diverse range of statutory and legal disclosure obligations. Whether this involves litigation, such as employment-related claims, requests for statutory access rights or third-party disclosure...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Conyers

Natural Justice in the Context of Interim Applications

Conyers on

It is quite common for a party considering bringing an interim injunction application to weigh, among other things, the risk, by bringing the application, of having to disclose information to the court and the respondent that...more

Conn Kavanaugh

SJC Holds that Bar Counsel has Burden of Proof on Whether Disclosed Information is “Generally Known” for Violation of Rules of...

Conn Kavanaugh on

A recent decision from the Massachusetts Supreme Judicial Court (SJC) addresses the circumstances under which an attorney may be subject to discipline for disclosing confidential client information. In the Matter of Michael...more

Jones Day

Navigating Trade Secret Identification During Discovery: Timing & Scope

Jones Day on

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Sheppard Mullin Richter & Hampton LLP

Implications of SEC’s Scrutiny of Data Use Representations

The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Conn Kavanaugh

ABA Provides Ethical Guidance for Responding to Online Criticism

Conn Kavanaugh on

The American Bar Association recently issued a formal opinion providing attorneys with helpful guidance regarding whether, and how, to respond to online criticism: Formal Ethics Opinion 496, Responding to Online Criticism...more

Hogan Lovells

Employment News: privilege, health and safety, webinar

Hogan Lovells on

Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...more

Ballard Spahr LLP

Key Developments in the Prosecutions for Leaks by Government Personnel of SARs Related to Michael Cohen, Paul Manafort, Richard...

Ballard Spahr LLP on

Note to Government Personnel: Don’t Disclose SARs - This week, major developments unfolded in the cases against two former federal government employees for their respective roles in disclosing Suspicious Activity Reports...more

Ballard Spahr LLP

NYDFS Proposes New Regulation to Ease Restrictions on Sharing CSI

Ballard Spahr LLP on

Last week, the New York Department of Financial Services (“NYDFS”) announced a proposed new regulation that provides greater flexibility for entities licensed, chartered, authorized, registered, or supervised by the NYDFS to...more

Kramer Levin Naftalis & Frankel LLP

A Comprehensive Whistleblower Protection for the EU

On April 23, Kramer Levin reported on the European Parliament’s approved proposal for the adoption of a whistleblower protection directive. On Oct. 7, the Directive on protection of persons reporting breaches of Union law...more

Carlton Fields

FOIA Competitive Injury Requirement Falls

Carlton Fields on

The Supreme Court’s June decision in Food Marketing Institute v. Argus Leader Media has made it easier for federal entities to resist certain Freedom of Information Act requests for confidential business information that the...more

Troutman Pepper

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Troutman Pepper on

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

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