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Confidential Information Supreme Court of the United States

UB Greensfelder LLP

Your Trade Secret IP Stands Between You and Your Competition. The Impending September 4, 2024 FTC Rule Would Ban Most...

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*As of August 20, 2024, the United States District Court for the Northern District of Texas has blocked the FTC's impending ban on non-compete agreements. Please see the update at the end of this alert. Trade secrets...more

UB Greensfelder LLP

Your Trade Secret IP Stands Between You and Your Competition. The September 4, 2024 FTC Rule Bans Most Non-Competes. Has the FTC...

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Trade secrets exist, by definition, only if the owner takes reasonable measures to maintain their secrecy. This is true under the Federal, State and Uniform Trade Secret Acts. Companies have traditionally used...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

ArentFox Schiff

Investigations Newsletter: SCOTUS Declines to Hear False Claims Act Challenge

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SCOTUS Declines to Hear False Claims Act Challenge - On January 22, the US Supreme Court denied a petition to hear a challenge to a Fifth Circuit Court of Appeals decision that upheld scienter and False Claims Act (FCA)...more

Epstein Becker & Green

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common? The Supreme Court’s Recent Student Loan Decision May...

As we wrote almost exactly a year ago – months before the Federal Trade Commission (FTC) issued its proposed noncompete rule – the Supreme Court’s decision in West Virginia v. EPA made it clear that the FTC does not have the...more

Dechert LLP

Don’t Trade on Me: Second Circuit Excludes Confidential Agency Information From the Definition of “Property” in Insider Trading...

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A divided panel of the U.S. Court of Appeals for the Second Circuit held, on December 27, 2022, in United States v. Blaszczak (“Blaszczak II”) that an agency’s confidential, pre-decisional information did not count as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Amundsen Davis LLC

It May Become More Difficult for Employers to Legally Protect their Confidential and Proprietary Data

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Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information...more

Allen Matkins

SEC Alleges Tipper Received Or Expected A Benefit, But Fails To Identify The Benefit

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In Dirks v. SEC, 463 U.S. 646 (1983), the United States Supreme Court found that a tippee may be liable for trading on the basis of material, nonpublic information if he or she knows that the tipper disclosed inside...more

Freeman Law

The Freedom of Information Act’s “Confidentiality” Exception

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We frequently utilize the Freedom of Information Act (“FOIA”) as a tool for our clients. The FOIA, subject to several exceptions and exclusions, generally provides that any person has the right to request access to federal...more

Foley & Lardner LLP

Lower the Gate – Employers Must Take Steps to Restrict Access to Confidential Information

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With the proliferation of technology and cloud-based computing, employers often struggle to provide employees with the tools to allow access to the information they need to effectively and efficiently do their jobs while...more

Jackson Walker

Supreme Court Restricts Use of Computer Fraud and Abuse Act

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In its recent decision in Van Buren v. United States, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act (CFAA) and its potential use by employers to ensure computer security and protection for...more

Jones Day

2021 Mid-Year Review: Key Global Trade Secret Developments

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A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more

Constangy, Brooks, Smith & Prophete, LLP

CFAA Conviction Requires Some Kind Of A "Hack," Supreme Court Says

Mere "misuse" of information is not enough. The U.S. Supreme Court decided yesterday that a criminal conviction under the Computer Fraud and Abuse Act cannot be based merely on misusing information obtained through a...more

Perkins Coie

US Supreme Court Remands Blaszczak Insider Trading Case Back to the Second Circuit

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The U.S. Supreme Court recently cast doubt on the criminal convictions of the one-time “King of Political Intelligence” David Blaszczak and three others for their role in an insider trading scheme. The Court’s action could...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Expands Trade Secrets Exemption from FOIA

Businesses often worry that the information they provide to the government will be disclosed, and with good reason – such information is presumptively available to the public under the Freedom of Information Act...more

PilieroMazza PLLC

SCOTUS Strengthens Protections for Federal Government Contractors Under FOIA

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The Freedom of Information Act (“FOIA” or “the Act”) provides private citizens access to information in the possession of government agencies that is not otherwise publicly available. Unfortunately, an agency’s disclosure can...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

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At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Perkins Coie

Is the U.S. Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?

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In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more

Perkins Coie

EPA Revises its FOIA Regulations

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The Environmental Protection Agency issued a final rule June 26, 2019, revising the agency’s Freedom of Information Act regulations. According to EPA, those regulations, last updated in 2002, required revision to comply with...more

Brownstein Hyatt Farber Schreck

Protecting Confidential Business Information

Supreme Court Upends Half-Century Standard for Handling Confidential Commercial Information Under the Freedom of Information Act - Businesses that provide sensitive commercial or financial information to the federal...more

Miles & Stockbridge P.C.

Supreme Court Decision Broadens Protection for Confidential Information against Disclosure under FOIA

In a significant decision for Government contractors, the Supreme Court has expanded the types of “commercial or financial information” that are “confidential,” and therefore exempt from disclosure under the Freedom of...more

McDermott Will & Emery

Capital Markets & Public Companies Quarterly: SEC Proposes Amendments to Accelerated and Large Accelerated Filer Definitions,...

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During the previous quarter, the SEC proposed new rulemaking to reduce the number of smaller companies that become subject to enhanced reporting requirements through “accelerated filer” and “large accelerated filer” status....more

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