News & Analysis as of

Confidentiality Policies

Cooley LLP

Director Personally Liable for Breach of Confidence

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In Kieran Corrigan & Co Ltd v. OneE Group Ltd, Bashir Timol and others, a company’s director was held personally liable for breach of confidentiality for signing off on the company’s marketing of a tax mitigation structure...more

Foster Swift Collins & Smith

Keep Your Business Safe: What Santa Can Teach Us About Trade Secrets

Every December, my kids start whispering to each other and scribbling notes they think I can’t see. They’ve got a big secret: their wish list for Santa. They treat it like classified intel. Folded notes under pillows and...more

Hogan Lovells

Judicial AI guidance updated – Caution still prevails

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The Judiciary has updated its guidance on the use of artificial intelligence (AI) by judges and tribunal members, marking another step in the courts' cautious engagement with emerging technology. Issued on 31 October 2025,...more

K2 Integrity

Reputational Risk Management In Internal Investigations: Controlling The Narrative Before, During, And After

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Reputational risk has become one of the most significant threats facing organizations today. While internal investigations once focused mainly on financial misconduct, modern challenges increasingly arise from cultural...more

Foley Hoag LLP - Security, Privacy and the...

Sound Judgment: Navigating the Legal Frontier of Ambient AI

BEST PRACTICES FOR USING AI NOTETAKERS IN SENSITIVE MEETINGS - AI notetakers are rapidly becoming staples of corporate meetings—bringing efficiency alongside new questions about confidentiality and compliance. This tip...more

Nilan Johnson Lewis PA

Best Practices For Employers to Protect Privilege in Pay Equity Studies

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Recent case law continues to underscore the importance of carefully structuring pay equity and compensation studies to preserve attorney-client privilege and work product protections. While the legal landscape remains...more

Bricker Graydon LLP

[Webinar] FERPA Refresher (Higher Education Free Series) - September 25th, 12:00 pm - 1:00 pm ET

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What’s new in student confidentiality and compliance? How have shifts in federal policy priorities impacted student confidentiality on campus? Join Melissa Carleton and Rebecca Joseph as we review what every higher education...more

FordHarrison

2025 Amendments to Illinois Laws, Part 2

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In recent weeks, we have reported on changes to multiple laws in Illinois, including the elimination of fact-finding conferences under the Illinois Human Rights Act, changes to the Nursing Mothers in the Workplace Act, Equal...more

BakerHostetler

AAA or Stay Away? Changes to the American Arbitration Association’s Employment Rules May Disadvantage Employers

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The American Arbitration Association (AAA) has updated its Employment Arbitration Rules, effective May 1, 2025. The changes may make AAA-administered arbitration less desirable for businesses....more

Holland & Knight LLP

HHS Signals Enforcement Regarding Patients' Substance Use Disorder Treatment Records

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The U.S. Department of Health and Human Services (HHS) on Aug. 27, 2025, published a Statement of Delegation of Authority (Statement) in the Federal Register. HHS Secretary Robert F. Kennedy Jr. delegated authority to the HHS...more

Pullman & Comley - Labor, Employment and...

When Employees Behave Badly: So, What Must Be Turned Over to the Public?

As those familiar with the Connecticut Freedom of Information Act (FOIA) know, under the law the vast majority of public-employee personnel related records are subject to disclosure upon request.  Nowhere is this more evident...more

Mintz - Employment Viewpoints

Mintz On Air: Practical Policies - Investigations Unscripted

Member Jen Rubin is joined by Member Natashia Tidwell for an unscripted conversation about conducting effective workplace investigations. This episode is part of a series of conversations designed to help employers navigate...more

McGuireWoods LLP

Of Course Claiming “Ineffective Assistance of Counsel” Waives Privilege Protection, But …

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Since lawyers draft their own ethics rules, they unsurprisingly include provisions allowing them to disclose client confidences to defend themselves from clients’ (and even third parties’) attacks. A paradigmatic example...more

Bricker Graydon LLP

Ohio House Bill 96 Ushers in New Era of Cybersecurity Compliance for Local Governments and School Districts

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On June 30, 2025, Governor Mike DeWine signed into law (HB 96), a cybersecurity mandate that applies to all political subdivisions in Ohio—including counties, municipalities, townships, and school districts. ...more

Husch Blackwell LLP

Beyond the Bylaws: The Medical Staff Show - Need to Know: How to Manage Medical Staff Confidentiality and Privilege Protections

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Host Nick Healey welcomes to the show Deb Wade, who serves as the medical staff coordinator at a large rural hospital, to discuss the confidentiality and privilege protections that medical staff routinely encounter as they...more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - September 11th - 14th, Atlanta, GA

Are you committed to becoming a successful, skilled mediator? Join us for our General Civil Mediation Training from September 11-14, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the...more

Baker Donelson

[Webinar] Neurodiversity in the Workplace: Legal Considerations and Business Strategies - May 20th, 8:30 am - 9:30 am CT

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Join us as we aim to illuminate the experiences of neurodivergent people in the workplace. We'll discuss common ways neurodivergence manifests at work and the importance of having conversations about a neurodivergent...more

Walkers

Hostile parties, prospective costs orders and confidentiality: The Cayman Islands Courts’ approach to trust proceedings

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For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a...more

Proskauer Rose LLP

6 Reasons Why Arbitration Offers Equitable Resolutions

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On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more

BCLP

Can You Keep A Secret? SEC Expands Availability of Confidential Submissions of Draft Registration Statements

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The SEC has declared its intent to “return[] to its narrow mission to facilitate capital formation, while protecting investors and maintaining fair, orderly, and efficient markets.” The new accommodations will allow any...more

A&O Shearman

SEC expands confidential review of registration statements

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The SEC recently announced new accommodations to expand the types of companies and registration statements eligible for confidential SEC review. In this post, we summarize key takeaways from the announcement, including what...more

Ankura

Ensuring Data Security and Confidentiality During E-Discovery

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In the high-stakes world of legal due diligence, the security and confidentiality of sensitive information are paramount. With the increasing volume of electronically stored information (ESI) and the complexity of modern...more

Fox Rothschild LLP

A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet

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Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more

ArentFox Schiff

What Employers Need to Know About the Recent EEOC Guidance to Health Care Providers on the Pregnant Workers Fairness Act

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On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along...more

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