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Confidentiality Agreements › Liquidated Damages

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

Proskauer - Law and the Workplace on

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Davis Wright Tremaine LLP on

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

Foley & Lardner LLP

New York State’s Non-Compete Ban Set to Reach Governor’s Desk

Foley & Lardner LLP on

New York State appears set to join the growing number of jurisdictions prohibiting or significantly limiting the use of employment non-compete agreements. The Empire State’s non-compete ban (Bill No. S3100A), which was...more

McGuireWoods LLP

Circuit Court Strikes Down Liquidated-Damages Agreement in Trade Secret Case

McGuireWoods LLP on

The 11th U.S. Circuit Court of Appeals recently made two rulings that may impact companies using liquidated-damages clauses in their confidentiality agreements to protect their trade secrets....more

Seyfarth Shaw LLP

11th Circuit Upholds Trial Court’s Rejection of Liquidated Damages in Trade Secret Case

Seyfarth Shaw LLP on

Safeguarding trade secrets is typically Rule No. 1 for many companies—particularly technology companies. Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a...more

Dunlap Bennett & Ludwig PLLC

Key Aspects of a Non-Disclosure Agreement (NDA)

Dunlap Bennett & Ludwig PLLC on

A non-disclosure agreement (“NDA” or “confidentiality agreement”) is a legally enforceable contract that creates a duty for one or more parties to keep certain information confidential. The party disclosing the confidential...more

Fisher Phillips

And Now The Bad News: Avalanche of California Bills Continues to Advance

Fisher Phillips on

As we discussed in our last blog post, California employers received some rare good news in recent days.  Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more

Allen Matkins

California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress

Allen Matkins on

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6,...more

Jaburg Wilk

An Easy and Effective Way for Employers to Protect Themselves

Jaburg Wilk on

Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more

Morgan Lewis

OSHA Increases Scrutiny of Whistleblower Settlement Agreements

Morgan Lewis on

Following the SEC’s lead, OSHA recently announced new guidelines that it will consider when deciding whether to approve settlement agreements reached during OSHA investigations of whistleblower claims....more

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