Appeals, Trade Secrets, Confidentiality Agreements

Contemporaneous Onboarding Documents May Invalidate An Employer’s “Squeaky Clean” Arbitration Agreement

Ervin Cohen & Jessup LLP on 7/9/2025

Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more

In Good Hands: Compilation of Publicly Available Information Can Still Be a Trade Secret

McDermott Will & Schulte on 9/22/2023

The US Court of Appeals for the First Circuit affirmed a district court decision, finding that a compilation of customer-related information, even if publicly available, is a protectable trade secret. Allstate Insurance Co....more

And the Band Played On: Reviewing Rule 54(b) Partial Summary Judgment Based on Who Did What to Whom and When

McDermott Will & Schulte on 10/6/2022

In a case where the cast of characters on both sides of the v. evolved during the lead-up to the litigation as the litigants negotiated third-party deals and formed new entities, the US Court of Appeals for the First Circuit...more

Florida Still Strongly Favors Employer’s Non-Compete Agreements

Rumberger | Kirk on 4/1/2022

Non-compete and confidentiality clauses have long been a fixture in employment agreements in Florida. However, there has been some dissention as to whether such restrictive covenants continue to apply where an employment...more

Sixth Circuit Endorses Sealing of Filings to Protect Confidentiality of Alleged Trade Secrets

McDermott Will & Schulte on 1/28/2022

On appeal from a dismissal based on a failure to state a claim for misappropriation of trade secrets, the US Court of Appeals for the Sixth Circuit granted the litigants’ motion to seal their briefs and file publicly...more

California Court Strikes Down Overbroad Confidentiality Agreement as a de facto Non-Compete

Sheppard Mullin Richter & Hampton LLP on 1/6/2021

Trade secrets and other proprietary information can be among a business’ most valuable assets and drive its competitive advantage. It is therefore ordinarily critical that employees be bound by an enforceable agreement that...more

Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

McDermott Will & Schulte on 2/13/2019

Addressing a bench trial decision concerning a former employee’s retention of confidential information and violation of a non-compete provision, the US Court of Appeals for the Fourth Circuit found no abandonment of the...more

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

Fenwick & West LLP on 11/5/2018

The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case...more

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

Orrick - Trade Secrets Group on 1/26/2018

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Things You Can’t Un-See … Such As Trade Secrets

McCarter & English, LLP on 6/9/2015

A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more

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