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Confidentiality Agreements › Business Litigation

Morris James LLP

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

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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

Bradley Arant Boult Cummings LLP

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

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The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the...more

Schwabe, Williamson & Wyatt PC

Borer Decision and Potential Impacts to ANCs

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On April 1, 2022, the Alaska Supreme Court issued Borer v. The Eyak Corporation, which may impact Alaska Native Corporation boards of directors and their corporate governance structures and policies. Courts only resolve...more

Holland & Knight LLP

Non-Disclosure Agreements and Trade Secrets: 12 Points to Consider

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When businesses share their trade secrets or confidential information with employees or third parties (a franchisee, a joint venture partner, a potential buyer, etc.), they rely on trade secret law and on non-disclosure...more

Troutman Pepper Locke

When Confidentiality and 28 U.S.C. § 1782 Collide: In re Application of Servotronics, Inc.

Troutman Pepper Locke on

In the context of an arbitration, “confidentiality” typically refers to the parties’ obligation not to disclose information concerning the arbitration to third parties. As demonstrated by a recent arbitral tribunal ruling,...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Fox Rothschild LLP

Incorporation Condition In Confidentiality Agreement Upheld In Books And Records Action

Fox Rothschild LLP on

In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the...more

Morris James LLP

Court Of Chancery Stresses Importance Of Records Demand In Lead Counsel Battle

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When asked to choose the lead plaintiff and class counsel, the Court of Chancery applies the well-known Hirt factors. As this decision demonstrates, the Court also will place some significant weight on which of the competing...more

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