News & Analysis as of

Non-Disclosure Agreement Contract Terms

Cole Schotz

Employee & Consultant Considerations for Start Ups

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A founder’s success may hinge on selecting a group of like-minded and passionate individuals to join the business. After all, as Steve Jobs reminds us, “a small team of A+ players can run circles around a giant team of B and...more

Ervin Cohen & Jessup LLP

The “Net Effect” Rule That Can Sink Arbitration Agreements

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The California Court of Appeal's ruling in Gurganus v. IGS Solutions LLC reinforces a critical lesson for California employers: courts will meticulously examine the cumulative effect of all related employment agreements when...more

Kelley Drye & Warren LLP

Illinois Amends Workplace Transparency Act, Broadening Employee Protections, Effective January 1, 2026

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The Illinois Workplace Transparency Act (“IWTA” or ​“Act”) provides protections to employees and non-employee contractors and consultants who enter into employment agreements, settlement agreements and termination agreements...more

Amundsen Davis LLC

Illinois Employers, It’s Time to Review and Revise Your Employment Agreements

Amundsen Davis LLC on

On August 15, 2025, Governor Pritzker signed House Bill 3638 (H.B. 3638) into law, which amends the Illinois Workplace Transparency Act (the “Act”) to provide current, former, and prospective employees with greater rights and...more

Benesch

Illinois Employers Take Note: Expanded Requirements Under the Illinois Workplace Transparency Act Go into Effect in 2026

Benesch on

Effective January 1, 2026, amendments to the Illinois Workplace Transparency Act (“WTA”) expand employer obligations and employee protections with respect to employment-related agreements....more

UB Greensfelder LLP

NDAs and Contracts: How to Structure an Enforceable Non-Disclosure Agreement

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In nearly every business transaction, some degree of confidential information is exchanged. Whether it involves financial data, a client list, proprietary code or strategic plans, that information only has value if it remains...more

Vorys, Sater, Seymour and Pease LLP

New Year, New Rules: Changes to the Illinois Workplace Transparency Act Effective January 2026

Effective January 1, 2026, significant amendments to the Illinois Workplace Transparency Act (WTA) impose stricter limits on the use of confidentiality clauses, broaden protected rights like “concerted activity,” and expand...more

UB Greensfelder LLP

Client Alert Non-Competes Under Fire: Five Alternative Contractual Provisions to Protect Your Business Now

UB Greensfelder LLP on

In recent weeks, the Federal Trade Commission (FTC) has intensified its scrutiny of non-compete agreements—most notably through its enforcement action against Gateway Services and letters sent to major health care employers....more

Volpe Koenig

Don’t Let AI Negotiate Your IP Future

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Artificial Intelligence (AI) tools, especially large language models, are transforming many aspects of legal work, including contract drafting. They can generate polished-looking text in seconds and even assist in assembling...more

White & Case LLP

2025 Summer review - M&A legal and market developments

White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Our Summer 2025 review examines these developments and provides practical...more

Davidoff Hutcher & Citron LLP

Restrictive Covenants in Restaurant Ownership Agreements: Enforceability in New York

Restrictive covenants are critical in restaurant ownership agreements to protect business interests, prevent unfair competition, and safeguard proprietary information. However, in New York, courts scrutinize these clauses to...more

Morgan Lewis

Illinois Workplace Transparency Act: Amendments Expand Limitations & Employee Protections Regarding Certain Contract Provisions

Morgan Lewis on

New amendments to the Illinois Workplace Transparency Act expand employee and consultant/contractor protections, including prohibitions on various “unilateral” contract provisions imposed as a condition of employment and...more

Ward and Smith, P.A.

Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)

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While external cyber threats make headlines, the reality is that your biggest risk often comes from within. For North Carolina businesses, from tech startups in Durham to manufacturers in Greensboro, understanding how to...more

Potomac Law Group, PLLC

The Devil's in the Definitions

One of the big differences between how most non-lawyers read a contract, and how most experienced transactional lawyers read a contract, has to do with the definitions....more

Clark Hill PLC

3 key steps before signing a manufacturing NDA in China

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If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more

Potomac Law Group, PLLC

NDAs with Extras: What You Didn’t Sign Up For

Anyone who has had even passing exposure to technology companies has dealt with Non-Disclosure Agreements (commonly referred to as "NDAs" in high-tech companies but "CDAs" in pharma/biotech to distinguish them from the other...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

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As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

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

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...more

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

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

Indiana Appeals Court Rejects Noncompete That Prevented Work in Any Capacity

On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job...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

Miles & Stockbridge P.C.

Louisiana Joins Growing Number of States Limiting Nondisclosure Agreements

Louisiana recently passed new legislation prohibiting employers from including nondisclosure provisions in agreements with employees that prospectively forbid employees from disclosing or discussing certain facts or claims...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

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

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