News & Analysis as of

Confidential Information

Cadwalader, Wickersham & Taft LLP

Summer, Sun, Sand and Sensitive Information, August 2025 - Balancing Lender and Borrower Confidentiality Interests

Confidentiality provisions in subscription credit facilities have always served a central purpose – protecting sensitive fund and investor information. These provisions have grown more detailed, more prescriptive, and, for...more

EDRM - Electronic Discovery Reference Model

When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

ComplexDiscovery Editor’s Note: AI is transforming the legal landscape—but at what cost to confidentiality? In a striking admission, OpenAI’s CEO Sam Altman acknowledged that ChatGPT interactions lack the privacy protections...more

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

McDermott Will & Schulte

From confidential to careless: The case of the unprotected customer list

The US Court of Appeals for the Tenth Circuit affirmed a summary judgment dismissal of a trade secret misappropriation complaint, finding that the plaintiff failed to take reasonable measures to maintain the secrecy of a...more

Bricker Graydon LLP

Don’t Overlook these Key Assets in Preparing Your Business for Sale

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Well-known and respected business consulting and advisory firm Ocean Tomo reports that within the last quarter century, intellectual capital has emerged as the leading asset class for businesses comprising the S&P500. ...more

Lowndes

Understanding Attorney-Client Privilege: What Clients Need to Know

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Attorney-client privilege is one of the most important protections in the legal system. Its powerful legal protection allows clients to speak freely and candidly with their attorneys without fear that their communications...more

Goodwin

“Shareholder Rule” Snuffed Out: Practical Implications for UK Companies and Shareholders

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When a client seeks legal advice from a lawyer, the confidential communications between them, which are made for the sole or dominant purpose of seeking and receiving legal advice, are protected by legal professional...more

WilmerHale

The End of the Shareholder Rule: Aabar, Jardine, and the Future of Corporate Privilege

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Two recent judicial decisions have brought long-standing assumptions about the so-called “Shareholder Rule” under critical scrutiny. In Aabar Holdings S.à.r.l. v Glencore plc & ors, the English High Court held that companies...more

Baker Botts L.L.P.

Patent Protection vs. Trade Secrets: A Strategic Framework for High-Tech Startups

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When developing breakthrough technology, startups face a critical decision: pursue patent protection or maintain trade secrets. The choice depends on your technology's detectability and vulnerability to reverse engineering....more

FordHarrison

EntertainHR: Tick tock, TikTok: Why Employers Should Evaluate Social Media Policies  

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TikTok is home to many viral video trends, including “day in the life” and “story time” videos. “Day in the life” videos frequently contain short, collected clips of a user’s day with music, text, or voice-overs explaining...more

Cranfill Sumner LLP

Business Court Sends Trade Secret Matter to Trial; Denies Summary Judgment

Cranfill Sumner LLP on

On July 23, 2025, the North Carolina Business Court denied summary judgment in United Therapeutics Corp. v. Liquidia Technologies, Inc., allowing claims of trade secret misappropriation and unfair trade practices to proceed...more

Dinsmore & Shohl LLP

It’s Official: Florida is the Most Business Friendly State in the Country When it Comes to Non-Compete/Non-Solicitation...

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Bucking the national trend to diminish, if not eliminate, noncompete agreements, led in part by the Biden administration’s efforts to outlaw them via Federal Trade Commission regulation, Florida says “COME ONE, COME ALL -- Do...more

A&O Shearman

Second Circuit Vacates Wire Fraud Conviction For “Insider Trading” On NFTs

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On July 31, 2025, a divided panel of the United States Court of Appeals for the Second Circuit issued an opinion vacating the wire fraud and money laundering convictions of a former manager of a marketplace for non-fungible...more

HaystackID

When AI Conversations Become Compliance Risks: Rethinking Confidentiality in the ChatGPT Era

HaystackID on

What if your most sensitive legal strategy or personal dilemma—typed into an AI chatbot—could be just one Google search away from public view or subpoena in court? As artificial intelligence seamlessly permeates the legal...more

Jackson Lewis P.C.

Ninth Circuit Affirms Disclosure of EEO-1 Reports Under FOIA

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On July 30, 2025, the Ninth Circuit Court of Appeals upheld a district court order requiring the U.S. Department of Labor (DOL) to release EEO-1 reports previously withheld in response to Freedom of Information Act (FOIA)...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

K&L Gates LLP

New Aim Misses the Mark: Federal Court Clarifies What Constitutes Confidential Information

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The recent decision of New Aim Pty Ltd v Leung (No 4) is a timely reminder of how confidential information needs to be treated and restricted by businesses to allow it to be protected under law....more

U.S. Legal Support

Upholding Ethics and Professionalism in Process Serving

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Anyone who has encountered process serving in movies or television likely thinks of it as full of elaborate disguises and shady escapades leading up to the “you’ve been served” line. In reality, that’s not how it usually...more

Cooley LLP

AI Note-Taking: Many Things to Ponder

Cooley LLP on

AI note-taking is today’s topic du jour. The first thing to know about this topic is that you need to experience it for yourself to see why it’s so attractive. (I’ll run a blog soon summarizing how AI note-taking works in...more

Winstead PC

Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas

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The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title...more

JAMS

One Size Doesn't Fit All: Customizing Dispute Resolution for Commercial Contracts

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Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may...more

Hanson Bridgett

Public Records in Confidential Files Not Protected Under § 502

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Teran v. Superior Court of Los Angeles County (2025) 112 Cal.App.5th 371 A recent California appellate court decision clarifies that publicly accessible police disciplinary records cannot be criminally prosecuted simply...more

U.S. Legal Support

Secure Use of Artificial Intelligence for Data Processing in the Legal Services Industry

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As legal service providers increasingly leverage artificial intelligence to enhance efficiency and accuracy across a variety of services, ensuring the security and integrity of sensitive client data remains a primary focus...more

Nancy Myrland - Myrland Marketing & Social...

Lawyers Beware: There Could Be Serious Ethics Issues With The New AI Browsers

AI just took a major step forward, and lawyers need to be paying attention. In this episode, I break down the launch of new AI browsers from ChatGPT and Perplexity. These tools are designed to act on your behalf, reading...more

McDonnell Boehnen Hulbert & Berghoff LLP

Applying Generative AI Tools to Patent Law Practice

Generative AI tools are poised to transform legal practice and offer unique challenges and opportunities, particularly in patent law. Modern large language model (LLM)-based tools enable faster, more efficient document...more

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