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Employment Litigation Non-Disclosure Agreement

Miller Nash LLP

The Particularities of Trade Secret Identification

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It is not uncommon for employers to discover that a departing employee has downloaded information before walking out the door. But the mere fact that an employee downloaded information does not necessarily mean the...more

Mintz - Intellectual Property Viewpoints

He Got the MrBeast Blueprint… and a Trade Secret Lawsuit

Imagine getting your hands on the ultimate creator cheat code — the behind-the-scenes playbook MrBeast uses to dominate YouTube. Now imagine going viral not for using it, but for allegedly walking off with it. That’s exactly...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

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As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Miles Mediation & Arbitration

More Shockwaves from the Harvey Weinstein Scandal: What Corporate Counsel Should Keep in Mind

Sexual harassment legislation keeps coming in the aftermath of the Harvey Weinstein scandal and the resulting #Metoo Movement. Recently, the state of California enacted a bill protecting survivors of sexual assault, sexual...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

Ius Laboris on

After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Appeals Court Rejects Noncompete That Prevented Work in Any Capacity

On November 25, 2024, the Indiana Court of Appeals ruled that a former chief operating officer (COO) at a medical fee collection company did not breach noncompete agreements and a nondisclosure provision when she took a job...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

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The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2024

Here is a look at recent developments in UK employment law...more

Hogan Lovells

Employment in the news | June 2024

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Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

Foley & Lardner LLP on

On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Parker Poe Adams & Bernstein LLP

Confidential Information Agreement Adds Layer of Protection From Misuse of Proprietary Business Data

As a result of the recent string of legislative and regulatory efforts to curb or eliminate the use of non-competition agreements in employment, employers may have lost sight of relatively non-controversial measures they can...more

Vedder Price

New Law in New York State Impacts Settlement Agreements

Vedder Price on

On November 17, 2023, Governor Kathy Hochul signed SB 4516, an amendment to N.Y. General Obligations Law §5-336 that prohibits liquidated damages clauses in nondisclosure provisions of settlement agreements involving...more

Rivkin Radler LLP

The Employment Law Reporter: Autumn 2023

Rivkin Radler LLP on

Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more

Seyfarth Shaw LLP

Colorado Peculiarities

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Winthrop & Weinstine, P.A.

NLRB Decision Finds Common Severance Agreement Provisions Unlawful

In a recent decision issued in late February 2023, the National Labor Relations Board (“NLRB”) held that the “mere proffer” of severance agreements with broad non-disparagement and confidentiality provisions violate the...more

Bass, Berry & Sims PLC

NLRB Rules that Confidentiality and Nondisparagement Provisions in Severance Agreements Presented to Section 7 Employees are...

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements....more

Cozen O'Connor

Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions

Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O'Connor's Labor & Employment Department, is joined by NLRB General Counsel Jennifer Abruzzo to discuss the Board's February 21, 2023 decision in McLaren Macomb invalidating certain...more

Farella Braun + Martel LLP

Employers Should Review Common Severance Agreement Terms Due to New NLRB Decision

Historically, employers have routinely included confidentiality and non-disparagement provisions in severance agreements with departing employees. Such provisions can be important for protecting sensitive personnel data or...more

Perkins Coie

NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRA

Perkins Coie on

Under a newly issued decision by the National Labor Relations Board (NLRB or the Board), “an employer violates Section 8(a)(1) of the [National Labor Relations] Act when it proffers a severance agreement with provisions that...more

Schwabe, Williamson & Wyatt PC

National Labor Relations Board Rules that Non-Disparagement and Confidentiality ‎Provisions in Separation Agreements May Violate...

On Tuesday, February 21, 2023, the three-member Democratic majority of the National ‎Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-‎Trump era standards and ruling that...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

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