Tag Archives: confidential information

Even If “Secret,” Information Will Not Qualify As a “Trade Secret” Unless Adequate Measures Were Taken To Protect That Secrecy

A federal judge in Chicago recently taught a painful lesson to an Illinois employer: even if information is sufficiently sensitive and valuable that it could qualify as a “trade secret,” it won’t unless the owner of the information took adequate steps to protect its secrecy.

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Protecting Trade Secrets When Traveling Abroad with Electronic Devices

Our colleague Daniel R. Levy, at Epstein Becker Green, has a post on the Trade Secrets & Employee Mobility blog that will be of interest to our readers: “It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices.

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It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices

Consider the following scenario: your organization holds an annual meeting with all Research & Development employees for the purpose of having an open discussion between thought leaders and R&D regarding product-development capabilities. This year’s meeting is scheduled outside the United States and next year’s will be within the U.S. with all non-U.S. R&D employees traveling into the U.S. to attend. For each meeting, your employees may be subject to a search of their electronic devices, including any laptop that may contain your company’s trade secrets. Pursuant to a new directive issued in January 2018 by the U.S. Custom and Border Protection (“CBP”), the electronic devices of all individuals, including U.S. citizens and U.S. residents, may be subject to search upon entry into (or leaving) the U.S. by the CBP. CBP Directive No. 3340-049A (Jan. 4, 2018).

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New York Federal Judge Declines to Enforce Employee Non-Solicit Clause

In a very thorough analysis following a 3 day Preliminary Injunction hearing Judge Jed Rakoff declined to issue injunctive relief to a former employer seeking to enjoin four former employees and their new employer from competing or from soliciting clients or employees. The decision is far ranging in the employee movement context touching upon inadvertent retention of confidential information, the propriety of new employers providing broad indemnifications and large signing bonuses to the recruits,  and the scope of allowable “preparatory conduct” in a one year non-compete period, among other issues presented in the context of a group of employees in the eDiscovery services space collectively on the move.

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Preliminary discovery application takes a Toll on former employee

In a decision handed down by the Federal Court of Australia, Toll Transport Pty Ltd (Toll Transport) has been successful in a preliminary discovery application against a former employee of the Toll Group, Mr Stephen Fleiter, for the production of removable storage devices.

Mr Fleiter was employed by Toll NQX in the position of National Sales Manager. In this role, Mr Fleiter had access to commercially sensitive information, including pricing information and profit margins.

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ILN Today Post

Disclosure of confidential information

This article was first published by Solicitors Journal on 7 February 2017, and is reproduced by kind permission.

The recent case of Glenn demonstrates that while privilege and confidentiality may overlap, they are separate concepts.

Confidentiality of documents, information, and witness evidence may be the source of significant dispute between litigating parties. Disclosure of confidential information was recently considered in Glenn and another v Watson and others [2016] EWHC 3259 (and associated claims).

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EEOC Implements Nationwide Program to Disclose Employer Position Statements and Supporting Documents

The Equal Employment Opportunity Commission (“EEOC”) recently implemented nationwide procedures for the release of employer positionConfidential-shutterstock_41997904 statements to Charging Parties upon request.  The new procedures, raise concerns about disclosure by the EEOC of non-public personnel and commercial or financial information the employer may disclose to support its position with regard to the Charge.

Before releasing the supporting documents to the Charging Party, the EEOC will review the employer’s submissions and withhold only information the Commission decides should be considered confidential.  The type of information considered confidential by the EEOC includes:

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