News & Analysis as of

Non-Disclosure Agreement

Morgan Lewis - ML Benefits

Management Corner: Restrictive Covenant Considerations for Executives in Corporate Transactions

In July 2025, we published an article that discussed considerations relating to rollover and incentive equity in management representations in private equity transactions. ...more

Dickinson Wright

Recent FTC Developments on Non-Compete Enforcement

Dickinson Wright on

It has been a busy month for the Federal Trade Commission (“FTC”) and enforcement activity concerning non-compete restrictive covenants in employment agreements. If you have been following this topic, you’ll recall that...more

Volpe Koenig

Don’t Let AI Negotiate Your IP Future

Volpe Koenig on

Artificial Intelligence (AI) tools, especially large language models, are transforming many aspects of legal work, including contract drafting. They can generate polished-looking text in seconds and even assist in assembling...more

Fenwick & West LLP

Protecting Trade Secrets in the AI Sector: Lessons for AI Companies

Fenwick & West LLP on

Several recent legal disputes in the AI sector underscore how quickly a company’s most valuable assets can be put at risk when an employee departs....more

Baker Botts L.L.P.

Getting Your Company Ready for a Financing—Building a Solid Foundation for Growth

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Raising capital is a defining moment for any startup, but the groundwork for a successful financing is laid long before you meet your first investor. We’ve seen that the companies best positioned to attract investment are...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2025

Seward & Kissel LLP on

In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

Mayer Brown

7 Practical Ways to Use AI in M&A Transactions

Mayer Brown on

Artificial intelligence is rapidly transforming the way legal professionals work—enhancing efficiency, improving accuracy, and enabling better outcomes for clients. Over the past several years, we have successfully integrated...more

White & Case LLP

2025 Summer review - M&A legal and market developments

White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. Our Summer 2025 review examines these developments and provides practical...more

A&O Shearman

UK non-disclosure agreements under the spotlight: what employers need to know

A&O Shearman on

NDAs are facing a wave of reform, prompting employers to reassess how they manage sensitive workplace issues. Many employers have already updated their settlement agreement templates following the Solicitors Regulation...more

Davidoff Hutcher & Citron LLP

Restrictive Covenants in Restaurant Ownership Agreements: Enforceability in New York

Restrictive covenants are critical in restaurant ownership agreements to protect business interests, prevent unfair competition, and safeguard proprietary information. However, in New York, courts scrutinize these clauses to...more

Fisher Phillips

Top 10 Texas Legislative Changes Impacting Private Schools + Your Compliance Plan

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The 2025 Texas legislative session brought significant updates that directly impact private schools. These extensive changes will require Texas private schools to review and potentially update policies, procedures, and...more

Morgan Lewis

Illinois Workplace Transparency Act: Amendments Expand Limitations & Employee Protections Regarding Certain Contract Provisions

Morgan Lewis on

New amendments to the Illinois Workplace Transparency Act expand employee and consultant/contractor protections, including prohibitions on various “unilateral” contract provisions imposed as a condition of employment and...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

Jones Day

Severed Knowledge: Negative Trade Secrets Through the Lens of Compartmentalized Memory

Jones Day on

Since the passage of the Defend Trade Secrets Act ("DTSA") in 2016, courts have increasingly addressed the nuance of negative trade secrets—information about what does not work, often referred to as "negative know-how."...more

ArentFox Schiff

Court Denies Beverage Company’s Preliminary Injunction in Trade Secrets Case, Citing Conflicting Evidence

ArentFox Schiff on

Protecting trade secrets in the beverage and food industry requires planning and forethought from the outset of product development. Attempting after the fact to plug the holes in the company’s safeguards can be the path to a...more

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

Miller Canfield on

Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

Ward and Smith, P.A.

Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)

Ward and Smith, P.A. on

While external cyber threats make headlines, the reality is that your biggest risk often comes from within. For North Carolina businesses, from tech startups in Durham to manufacturers in Greensboro, understanding how to...more

Fenwick & West LLP

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

Fenwick & West LLP on

In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while...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

Patterson Belknap Webb & Tyler LLP

Out With the Old, in With the New: Judge Ramos Grants Leave to Assert New Patents After the Original Patents-in-Suit Were Found...

On July 29, 2025, Judge Edgardo Ramos (S.D.N.Y.) granted plaintiff Kannuu Pty, Ltd. (“Kannuu”) leave to amend its complaint to allege infringement of two newly-issued patents, after the U.S. Patent and Trademark Office...more

Vorys, Sater, Seymour and Pease LLP

Texas Invalidates Confidentiality Clauses in Sexual Abuse Cases

Effective September 1, 2025, Texas employers must comply with Trey’s Law (S.B. No. 835), a new law that voids certain confidentiality and nondisclosure clauses related to sexual abuse. This legislation echoes a growing...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

K&L Gates LLP on

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

BCLP

Neurodivergence, Discrimination Comparators, Privileged Documents in the Wrong Hands, and a News Round-up - UK HR Two Minute...

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Our employment law update for July covers cases about legal principles tribunals must consider when analysing the ‘substantial adverse impact’ in disability claims, the difficulties in selecting discrimination comparators,...more

Clark Hill PLC

3 key steps before signing a manufacturing NDA in China

Clark Hill PLC on

If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more

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