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The Scope of your Confidential Information: Too Broad, Too Narrow, or Just Right?

For drafters of asset or share purchase agreements, it's useful to think about the effects of the representations you are making. In our office, and no doubt in many others, the non-d...

NDA before Negotiations! Otherwise, Risk a Leak of Confidential Information

A party that allowed access to its confidential designs but took no action to protect themselves beyond signing a confidentiality agreement with the company, lost their dispute. This art...

Balancing Privacy and Law Enforcement: Apple vs. FBI

Every system of government must balance individual privacy and rights, against state control. Where the lines are drawn determines what type of society we live in. One the one hand, the more we protec...

The Panama Papers – What's Tech Got to Do With It?

A few weeks ago we witnessed the biggest leak of data to date. The Panama Papers, a leak by the International Consortium of Investigative Journalists (ICIJ) of copies of over 11.5 million legal and...

Survival Gear: Making the Confidentiality Clause a ‘Survivor’ of the Employment Contract

The Jungle For most of us, the toughest ‘jungle’ we will have to learn to survive in is the world of employment. Most of us will not win a $1 million prize by being crowned the Sole Survivor on...

Confidential Information & Name For Your Product

Allowing a provision under Toxic Chemical Substances Act to remain intact, allows manufacturers to use a generic name when publicly disclosing an industrial chemical they produce rather than...

When a Confidentiality Agreement Isn’t Enough…

When determining how to protect specific confidential information, it is important to consider whether the terms of the confidentiality agreement offer at least the level of protection available...

Is An NDA Always A Good Idea?

  Entrepreneurs often assume that using an NDA will provide the tightest security possible for their confidential information. This is not always true. The tightest security possible is...

Settlement Agreement Must Clearly Describe the Claims Covered by the Agreement

A good settlement agreement should clearly define the effect the agreement will have on future and current claims, and whether it applies to all claims between the parties, or only those claims arisin...

The Importance of Keeping your Agreements Confidential

Information about any cell phone monitoring equipment used by local police must be safeguarded for matters of national security. Confidential information would have to be very closely safeguarded beca...

Confidentiality: Duties of Your Independent Contractors

The article discusses a recent case out of Massachusetts which held that, as a matter of law, in the absence of a confidentiality agreement (or a formal confidentiality policy), an independent contrac...

Inter-lapping Business Documents and Employees’ Private Property

The article discusses an employee's general duty of confidentiality to an employer. Although there are some circumstances where there is an implied duty of confidentiality, it is better that...

Third Party Experts Should Enter Into Consulting Agreements Which Include Robust Confidentiality and IP Transfer Provisions

This article notes that people "in the renewable energy and clean technology fields regularly need to speak with others outside their company for solutions to ongoing research and development problems...

Blog Bite: What are the possible changes for corporations contracting with the federal government regarding confidentiality provisions?

This article posted on our partner site Mondaq.com discusses the changing regulations after a federal statute was enacted that prohibited federal funds to go to corporations who had confidentiality ...

Data Security is Essential for Company Credibility

This month Home Depot announced that it was hacked and that 56 million credit-card accounts were compromised, and that around 53 million customer email addresses were stolen as well.  This ...

Blog Bite: What must be considered when entering a joint venture agreement?

This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering entering a joint venture agreement viz. non-competition, confidentiality, liquidation clauses in...

Legal Tips and Tricks: Negotiating an Agreement Should Start with a Blank Page

Last Updated:  January 2018 When entering into an important contract, take the time to discuss with your business partners, advisors and legal counsel, to make sure that you are clear about your o...

Blog Bite: Why should employers contain confidentiality clauses in consulting agreements?

This article posted on our partner site Mondaq.com explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses. Th...
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