News & Analysis as of November 19, 2024

Confidential Information

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Husch Blackwell LLP on 5/1/2024

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

Evaluate the Risks When Using Non-Competes

Ruder Ware on 9/28/2023

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

Holland & Hart LLP on 8/4/2023

Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms

Foley & Lardner LLP on 2/28/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more

Can You Keep a Secret: Bridgerton and the Need for Employee Confidentiality Agreements

FordHarrison on 2/24/2021

I must admit that I could not resist and fell prey to Netflix’s currently most watched and definitely most binge-worthy series to date: Bridgerton. For those who are not part of the record-breaking 82 million (and counting)...more

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

Proskauer - Labor Relations Update on 12/19/2019

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Snell & Wilmer on 12/18/2019

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

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The National Labor Relations Act › Non-Disclosure Agreement › Confidential Information

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Evaluate the Risks When Using Non-Competes

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms

Can You Keep a Secret: Bridgerton and the Need for Employee Confidentiality Agreements

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Is Your Employee NDA Weak?

How Weak Are Employee “Nondisclosure Agreements”? The Answer May Make You Gag

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

The National Labor Relations Act › Non-Disclosure Agreement › Confidential Information

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