News & Analysis as of

Confidential Information › Employee Misconduct

Constangy, Brooks, Smith & Prophete, LLP

Employee pirates can plunder a business. Arrrgh ye ready?

Constangy, Brooks, Smith & Prophete, LLP on

Piracy is defined as robbery by ship- or boat-borne attackers upon another ship or a coastal area, with a goal of stealing cargo or other valuables. During the Golden Age of Piracy, from the 1680s to the 1720s, infamous...more

Sheppard Mullin Richter & Hampton LLP

Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret...

Sheppard Mullin Richter & Hampton LLP on

A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation even if the alleged trade secrets are not physically or electronically taken...more

Fisher Phillips

New Year, New Goals: Why You’ll Want to Add Workplace Investigation Training to Your 2025 Resolution List

Fisher Phillips on

Before the ink dries on your professional New Year’s resolutions, you may want to add “empower leaders with investigation training.” While most employers appreciate that complaints about potential workplace misconduct or...more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

The Volkov Law Group

Social Media, Employees and Reputational Risks

The Volkov Law Group on

Organizational risk does not exist in a vacuum – social forces have a direct and immediate impact on company risks, especially when it comes to employee conduct.  Social media has transformed our society, making information...more

Robinson+Cole Data Privacy + Security Insider

Frequency and Cost of Insider Threats Continue to Increase

Robinson+Cole Data Privacy + Security Insider on

The Ponemon Institute recently issued its 2020 Cost of insider Threats Global Report, which finds that the frequency and cost of insider threats is continued to increase. Sponsored by ObserveIT and IBM, the 2020 report is the...more

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

Proskauer - Labor Relations Update on

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

The Volkov Law Group

SEC Examiner Charged with Stealing Confidential Information and Obstruction of Justice

The Volkov Law Group on

We all take notice when government employees from enforcement agencies engage in wrongdoing.  It is important, however, for credibility that government agencies investigate themselves and prosecute employees for wrongdoing. ...more

Society of Corporate Compliance and Ethics...

[Event] Internal Investigations Workshop - January 22 - 24, San Francisco, CA

Society of Corporate Compliance and Ethics... on

The SCCE Internal Investigations Workshop provides two days of focused training on conducting compliance-related internal investigations, the domestic workshops also offer an optional third day post conference. Learn from...more

Seyfarth Shaw LLP

Nursing Assistant’s “Self-Help” Attempt to Bolster Her Discrimination and Wage Claims Backfires in Spectacular Fashion

Seyfarth Shaw LLP on

As readers of this blog know, most trade secret misappropriation claims are brought in civil complaints—but a recent case out of Pennsylvania reveals how quickly the tables can turn on a civil plaintiff asserting claims...more

Farella Braun + Martel LLP

Individual Accountability in the Huawei Trade Secrets Prosecution

Farella Braun + Martel LLP on

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February 28, Huawei...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Polsinelli

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

Fisher Phillips

Don’t Worry, Your Secret is Safe With Me

Fisher Phillips on

Many defendants attempt to defend claims for trade secret misappropriation by claiming that they never used or disclosed the information in question. Based on a recent ruling by a federal district court in New York, however,...more

Tucker Arensberg, P.C.

Uber and Waymo Settle Trade Secret Dispute

Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

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