Tag Archives: confidentiality agreements

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.

Read more

Read full article

NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements – Employment Law This Week

Featured on Employment Law This Week:  NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements.

Read full article

Washington Prohibits Nondisclosure Agreements Related to Sexual Harassment or Assault

On March 21, 2018, Washington Governor Jay Inslee signed bill SB 5996 (the “Law”), which prohibits employers from requiring as a condition of employment that employees sign a nondisclosure agreement preventing them from discussing workplace sexual harassment or sexual assault. The Law goes into effect on June 7, 2018.

Read more

Read full article

Even When Drafting Confidentiality Agreements, There Are Limits On The Extent Of Permissible Restrictions

* Co-Authored by Christie O. Tate.

When drafting employee confidentiality agreements, there is a tendency to think that no restriction can be too tight. However, a recent decision by the Illinois Appellate Court, The Town of Cicero v. Wayne A. Johnson, held that a confidentiality provision in a separation agreement was so onerous that the entire provision was unenforceable.

Wayne A. Johnson served as the Inspector General and Superintendent of Police for the Town of Cicero, Illinois from February 2003 to April 2005. On April 12, 2005, Johnson and Cicero entered into a “Confidential Severance Agreement and General Release,” which was drafted by a Cicero attorney. Under the confidentiality provision of that agreement, Johnson agreed that, in addition to keeping the terms of the agreement confidential, “neither he nor his agents will disclose anything relating to his employment” to Cicero’s “remaining employees, former or prospective employees, people doing business with [Cicero], and to the media” (emphasis added).

Read full article