News & Analysis as of

Confidentiality Agreements

Court Finds Confidentiality Provision In Arbitration Agreement Unconscionable, Compels Consumer Arbitration

by Carlton Fields on

The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more

No Dismissal of Claim Against Defendant Accused of Transferring Company Info to Dropbox Account: eDiscovery Case Law

by CloudNine on

In Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017), Colorado District Judge Christine M. Arguello denied the defendant-movant’s motion to dismiss the plaintiff-respondent’s conversion claim that the...more

Reconsidering Limits on Confidentiality Provisions Where Sexual Misconduct is Involved

by Foley & Lardner LLP on

It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the...more

Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more

Juicing Up Your Policies: How To Protect Your Trade Secrets

Recently, popular Southern California juice and aguas frescas chain Green Crush filed suit against up-and-coming rival juice bar Paradise Splash and several individuals. The lawsuit, filed in the U.S. District Court for the...more

PA Bill Would Ban Nondisclosure Agreements for Sexual Misconduct

In response to a surge of sexual misconduct allegations throughout the country, Democratic state senators in Pennsylvania on Wednesday announced legislation that would ban agreements that hide the identity of persons accused...more

Court Confirms Arbitrator’s Entry Of Interim Preliminary Injunction, Holding That The Award Was Sufficiently “Final”

by Carlton Fields on

This case concerns a 10-year agreement by which plaintiff, an endodontist, contracted to perform consulting services for defendant Dentsply, a business that manufactured and sold endodontic products for the dental industry....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

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

by Winstead PC on

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal...more

Keys to the Kingdom: How Confidentiality Agreements Are Key to Keeping Business Information Secret

by Payne & Fears on

In today’s business environment, greater employee mobility and technological advances underscore the need to protect a company’s confidential information and trade secrets. Stories of employees departing with confidential...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

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

Incorporation Condition In Confidentiality Agreement Upheld In Books And Records Action

by Fox Rothschild LLP on

In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the...more

Virginia Uniform Trade Secrets Act Prohibits Improper Acquisition Of Trade Secrets, Regardless Of Subsequent Use

by Jackson Lewis P.C. on

Misappropriation of trade secrets claims can sometimes be difficult to sustain. While evidence of the taking of a trade secret may be available, evidence of its subsequent use may not. In Integrated Global Services, Inc. v....more

How to Protect Trade Secrets Under Federal Law

by Revision Legal on

Trade secrets are among the most valuable forms of intellectual property owned by any business. Those trade secrets should be and must be protected from misappropriation and unauthorized disclosure. As recently reported,...more

Confidentiality Agreements and Letters of Intent – October 2017

by Jackson Walker on

I. CONFIDENTIALITY AGREEMENT - A confidentiality agreement (“Confidentiality Agreement”), also sometimes called a nondisclosure agreement (“NDA”), is typically the first stage for the due diligence process as parties...more

UPDATE: California Federal Court Permits Former Bank Internal Auditor’s Whistleblower Claims to Proceed

A California federal court—in Erhart v. BofI Holding, Inc., 2017 U.S. Dist. LEXIS 14755, Case No. 15-cv-02287 (S.D. Cal. Sept. 11, 2017)—recently denied BofI Federal Bank’s (“BofI’s”) motion to dismiss the Sarbanes-Oxley...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

Fair use is never simple

by Thompson Coburn LLP on

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone....more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

Discharge Of Employee Who Protested Illegal Policy By Himself Ran Afoul Of NLRA, Federal Appeals Court Rules

by Jackson Lewis P.C. on

An employee who was discharged after protesting an admittedly illegal policy was entitled to reinstatement and back pay despite having acted on his own, the federal appeals court in New York has ruled, enforcing a National...more

Swimming Pool Company’s Non-Compete Claim Takes a Dive

by Zuckerman Spaeder LLP on

When a company believes that an employee has breached a non-compete agreement by going to work for a competitor, one remedy it can seek is a preliminary injunction. A preliminary injunction is meant to preserve the status quo...more

How ADR Can Help Keep Confidential Agreements Confidential

by JAMS on

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation....more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

National Survey On Restrictive Covenants In Employment

by Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Labor and Employment and Securities Industry practice groups as a quick reference for in-house counsel and human resource professionals. The law in this area not only...more

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