Category Archives: Confidential Information

Your Employment Agreement is Nothing Like a Mortgage Document

Another report on employment contracts is discouraging but not surprising. A survey of 1,000 people in the U.K. showed that more than 90 percent didn’t read their employment contracts – despite the fact that the terms can haunt them for … Continue reading

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Dialer Beware: Trump Volunteers Must Sign Onerous Agreement to Work Online Phone Bank

Where do I begin? There are so many troubling aspects to the lengthy nondisclosure agreement that Republican presidential candidate Donald Trump is requiring online campaign volunteers to sign that I just had to speak up. The contents of this 2,271-world … Continue reading

Posted in CEOs, Confidential Information, Covenants Not to Compete, Executive contracts, Litigation, Non-Competes, Trade Secrets | Tagged , , | 1 Comment

Noteworthy Outcome in Early Test of Federal Trade Secrets Act

There’s a bigger story behind a Florida judge’s recent ruling in one of the first lawsuits brought under the new Defend Trade Secrets Act (DTSA). U.S. District Judge Cecilia M. Altonaga dismissed, at least temporarily, a lawsuit filed by an … Continue reading

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Massage Envy No More

Houston Chronicle business columnist Chris Tomlinson recently interviewed me about how a woman’s search for a better job landed her in serious legal trouble. The unfortunate story involves Maxie Foster, who worked for years as a receptionist to pay her … Continue reading

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Who Says There’s No Crying in Baseball?

To those who shrug off cybertheft as a victimless crime that shouldn’t involve any real punishment, there’s a federal judge in Houston who just officially delivered a very different message on the subject. U.S. District Judge Lynn Hughes sentenced former … Continue reading

Posted in Confidential Information, Corporate culture, Criminal Prosecutions, Defend Trade Secrets Act, Trade Secrets | Tagged , , , | 1 Comment

Considering a New Job? Please Talk to Your Lawyer

Zillow recently reached a whopping $130 million settlement with Realtor.com operator Move Inc. shortly before the two online real estate giants went to trial over alleged misappropriation of trade secrets. While the settlement amount is a far cry from the … Continue reading

Posted in Business Continuity, CEOs, Complaints Against Executives, Confidential Information, Corporate culture, Covenants Not to Compete, Executive Compensation, Executive contracts, Executive Management Style, Fiduciary Duty, Legal, Litigation, Non-Competes, Trade Secrets, Uncategorized | Comments Off on Considering a New Job? Please Talk to Your Lawyer

White House Report Says Non-Competes May Hurt Competition

The White House is weighing in on the growing use of non-compete agreements and how they can negatively affect competition, individual workers and the overall economy. Once a tool reserved for top executives, the 16-page report released earlier this week … Continue reading

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UPDATED: Trade Secret Proposal Has Won Over Congress & The President, But Not Me

Who says Congress can’t agree on anything these days? By an overwhelming vote of 410-2, the House recently approved the Defend Trade Secret Act (DTSA). The Senate already has passed the proposal and President Obama is expected to sign it … Continue reading

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Now in Hackers’ Sights, Law Firms Must Step Up Protection of Client Confidences

As the Panama Papers made brutally obvious, law firms contain vast amounts of confidential information about clients. Some of that information might not reflect positively on those clients (such as huge offshore accounts), but other information could help make others rich.

At least, that was the apparent intention when law enforcement came upon a “criminal-seeks-hacker” posting on the “dark web.” According to an alert sent to American Bar Association members by the FBI’s Cyber Division, the criminal was looking for a hacker to break into the networks of international law firms as part of an insider trading scheme. Continue reading

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You Really Should Read the Treasury Department’s Report on Non-Competes

Anybody concerned with non-competes – that is any potential employer or employee, so pretty much all of us – should settle in with a nice sandwich and the beverage of their choice and read the U.S. Treasury Department’s Office of Economic Policy’s recent report, “Non-compete Contracts: Economic Effects and Policy Implications.” Continue reading

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