Tips for Conducting a Trade Secret Assessment with Rob Jensen
Daily Compliance News: July 11, 2025, The What is a COI Edition
The USDOJ Antitrust Division’s Compliance Guidance
4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Trade Secret Litigation: The Power of Protection
Non-Compete Agreements: An Endangered Species?
Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
The Speak Out Act and Compliance Programs
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Update and Discussion on Legal and Practical Issues
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
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
Joint development, or “teaming agreements” regularly anticipate one party disclosing trade secret subject matter to its counterparty to facilitate the joint development effort. While most JDAs involve companies with distinct...more
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
A United States District Court (N.D. Ohio) (“Court”) in an October 14th Order addressed a dispute arising out of a Confidentiality and Non-Disclosure Agreement (“NDA”) and Memorandum of Understanding (“MOU”) involving two...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 30-October 6. Here’s...more
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
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
On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more
A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more
Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more
The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more
A small California company, Balmuccino, LLC, was provided an excellent opportunity to pitch its coffee-flavored lip balm to the Seattle coffee giant Starbucks. Who made the connection? According to the complaint, none other...more
That title is not a typo. But, you may ask, how can you check a contract if you do not have one? And, why? Ok, so the title is a little tricky. But consider the situation below. In the negotiation of a complex contract,...more
The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trade secret lawsuit against a consultant that allegedly failed to prevent its client from disclosing its own proprietary information...more
KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties'...more
A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who...more
The US Court of Appeals for the Ninth Circuit reversed a district court ruling in a trade secret misappropriation case based on a non-disclosure agreement (NDA) that resulted in an award of more than $60 million, ruling that...more
Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific...more
A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more
Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more
In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd., No 19-civ-4297 (S.D.N.Y Jan. 19, 2021), the parties’ forum selection clause in their non-disclosure agreement did not prevent Samsung Electronics Co., Ltd. (“Samsung”) from...more
SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA...more
In a recent decision granting institution of an inter partes review (IPR), the Patent Trial and Appeal Board reconfirmed that it will not deny an IPR petition just because the parties previously agreed to resolve their...more