Archives: Confidentiality

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Take time to understand Court Orders; do time for ignoring them

“The system will not work if people think they can ignore court orders and destroy evidence. Those who so can expect terms of imprisonment.”   Mr Dadi was an employee of OCS, an aviation cleaning contractor working at Heathrow for (amongst others) British Airways. OCS lost the British Airways contract to a competing firm Omni Serv … Continue Reading

Federal Appeals Court Decision Regarding NLRB Workplace Investigation Confidentiality Policies Fails To Answer Critical Question For Employers

In 2015, we reported to you about the National Labor Relations Board’s (NLRB) decision in the Banner Estrella Medical Center case, which placed significant limits on employers’ ability to request employee confidentiality during workplace investigations. As a reminder, in the Banner case, the NLRB found that Banner Estrella maintained a policy of instructing employees involved in … Continue Reading

Workplace mediation in the UK – not at all a pussycat

Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences.  It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly and unthreatening as your favourite puppy. In fact, there are a … Continue Reading

Costly SEC Settlement Reminds Publicly-Traded Employers of Dodd-Frank Requirements

On April 3, 2015, we reported that the Securities and Exchange Commission (SEC) had sent letters to numerous publicly-traded U.S. companies requesting their nondisclosure agreements, severance and settlement agreements, and other contracts entered into after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) to determine whether the documents unduly interfere … Continue Reading

Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

NLRB Weakens Employers’ Ability to Conduct Effective Workplace Investigations

At some point – and often with considerable frequency – employers must conduct internal investigations related to possible employee misconduct.  Whether those investigations involve allegations of sexual harassment, hostile work environment, violation of drug or alcohol policies, theft, damage to equipment, or the like, maintaining confidentiality in the investigatory process is vital to ensuring the … Continue Reading

SEC Clamps Down On Employee Agreements Thought to “Chill” Whistleblower Activity

The US Securities and Exchange Commission (SEC) recently sent letters to numerous, unnamed publicly-traded US companies requesting every nondisclosure agreement, confidentiality agreement, severance agreement, and settlement agreement the companies have entered into with employees since the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) was enacted, as well as any other documents related to … Continue Reading

Australian employee pays high price for revenge porn in the workplace

Taking a stand against jilted ex-lovers, Western Australia has joined the UK and USA to fight the war on ‘revenge porn’. Revenge porn occurs when the (either actually or imminently) ex-partner posts nude or intimate pictures or videos online without consent. In the absence of appropriate laws, perpetrators have often escaped liability. In response, countries … Continue Reading

European Commission sets new standards for protection of employers’ trade secrets across the EU

The European Commission has published proposals to reform trade secrets law across Europe, in an effort to make it easier for national courts to deal with employees and former employees unlawfully taking, using and profiting from confidential business information. The reforms are set out in a new EU Directive.   More detail on the content of … Continue Reading

UK High Court imposes 12 months’ garden leave on “implausible and opportunistic” stockbroker

In one’s darker moments at work the prospect of 12 months’ compulsory paid leave sounds like the way to go.  In reality, the damage done to your name, skills and client connections could be very substantial.  How could the employer ever justify that requirement?   In JM Finn & Co Ltd v Holliday the High Court … Continue Reading

Restrictive Covenants Initiative

Thomson v Apem (High Court) “Can you stop 18 employees leaving for a competitor” A recent High Court case (Thomson Ecology Limited & Others v Apem Limited, Hall & Others) serves as a useful reminder to employers about the importance of ensuring that you have appropriate restrictive covenants and confidentiality clauses in place for key … Continue Reading

Webinar: Confidentiality and Restrictive Covenants Around the Globe – Hong Kong & China

In 2013 Squire Sanders is presenting a series of webinars focusing on restrictive covenants around the globe.  These webinars will provide participants with an understanding of the basic principles of restrictive covenants in different jurisdictions. On 26 September 2013 at 9am BST (4pm CST & HKT) our featured countries are Hong Kong and China.  Nick … Continue Reading

High Court tells ex-employees to hand back control of LinkedIn Groups to employer

In recent webinars and workshops we have discussed the issues presented by the use of social networking sites, particularly LinkedIn, by employees who leave to join a competitor or set up on their own. Last week, written judgment was handed down in relation to an injunction application in the case of Whitmar Publications Limited v … Continue Reading
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