News & Analysis as of

Confidential Information Confidentiality Agreements

Freeman Law

A Vessel Without a Port & Loose Lips | The Attorney-Client Privilege

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In the 1993 film The Firm, attorney Mitchell McDeere (played by Tom Cruise) must confront Joey Morolto (played by Paul Sorvino), the head of the Morolto crime family and a top client of Bendini, Lambert & Locke, the law firm...more

Foley & Lardner LLP

Protecting Trade Secrets and Confidential Information in Global Supply Chains: Legal Strategies for Manufacturers

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In the era of globalization, companies are increasingly reliant on complex international supply chains to design, manufacture, and distribute their products. These extended partnerships—with contract manufacturers, component...more

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

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

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

Morris James LLP

Chancery Orders Confidential Treatment of Member List Produced in Books and Records Action

Morris James LLP on

Garlington v. Two Rivers Farm, LLC, C.A. No. 2024-0917-BWD (Del. Ch. Apr. 7, 2025) - The Court of Chancery entered default judgment in a books and records action. The defendant limited liability company then appeared...more

Conn Maciel Carey LLP

Best Practices to Safeguard Your Company’s Trade Secrets — Case Study

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The number one risk for trade secrets exfiltration is from insider threats—employees, contractors, or even executives with access to sensitive information who either intentionally or accidentally compromise it. Sometimes it’s...more

Potomac Law Group, PLLC

Three Tips for Your Company's Form Agreements

What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more

Conn Maciel Carey LLP

[Webinar] Trade Secrets and Restrictive Covenants: Practical Advice to Safeguard Your Company’s Critical Assets - April 10th,...

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The protection of trade secrets and confidential information is critical to the success of many organizations. Employers must remain vigilant against the growing risk of sensitive information being compromised, especially...more

Fisher Phillips

Now May be the Time to Ask Whether Your Non-Profit’s Top Executive Should Have a Contract – 5 Key Considerations

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In a time where headlines are dominated with executive orders and political shake-ups, non-profit boards cannot afford to be distracted from leadership decisions that matter most. Your CEO plays a pivotal role in guiding your...more

Offit Kurman

Five Things to Take into Consideration When Negotiating and Settling a Case

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Settling a case is hard. Negotiating the terms and coming to an agreement can take weeks or months. But once the parties agree to the general terms of a settlement (e.g., the amount of money changing hands and the timing of...more

Jackson Lewis P.C.

Insider Threats: The Overlooked Risks of Departing Employees and Sensitive Data Theft

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Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more

Seyfarth Shaw LLP

New York Employers Beware: Claimant Must Sign Confidentiality Preference Acknowledgement for Employer to Enforce Entire Settlement...

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On January 8, 2025, a New York federal court held that an employee’s refusal to sign a confidentiality and non-disparagement acknowledgement form that was part of a settlement agreement rendered the entire settlement...more

Mayer Brown

When Confidential Information Cannot Be Protected Post-Termination of Employment in Hong Kong

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Not all "confidential information" can be protected post-termination of employment, as illustrated by the case of Conpak Management Consultants Limited v. Luk Wai Ting....more

Fox Rothschild LLP

8 Tips to Give Your Confidentiality Agreements Teeth (In a Post-Non-Compete World)

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An employee with access to customer lists and other key business information leaves the company. You want to enforce your confidentiality agreement, but with the recent restrictions on non-competition/non-solicitation...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

Smart & Biggar

Protecting trade secrets and confidential business information in Canada

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Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada....more

Allen Matkins

Does The SEC's Jurisdiction Really Extend To Any Person?

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Last week, the Securities and Exchange Commission announced that it had settled charges against a broker-dealer and two investment advisers for impeding their clients from reporting securities law violations to the SEC. ...more

EDRM - Electronic Discovery Reference Model

Court Denied Unopposed Motions for Protective Order and Approval of ESI Protocol

In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....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

Mandelbaum Barrett PC

The Essential Guide to Non-Disclosure Agreements: Protecting Your Business Ideas and Partnerships

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Have you ever worried about the safety of your business secrets when discussing your innovative ideas with potential partners, and vendors, or hiring new employees?...more

Epstein Becker & Green

What Should Employers Be Doing Now to Best Protect Their Business Interests?

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Part 3 of a Series on the Three Most Frequently Asked Questions Following the FTC’s Final Noncompete Rule - This is the final installment of our three-part series discussing employers’ most frequently asked questions in...more

Ius Laboris

Whistleblower Confidentiality Unveiled

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Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, but there are limitations on the extent to which they can restrict whistleblowing activities....more

Fox Rothschild LLP

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

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More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?

Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more

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