However a witness who, for example, is induced to make disclosures in
breach of a confidentiality agreement enjoys no such protection.
As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in
breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.
Obtained dismissal of former employee in action alleging breach of non-compete agreements,
breach of confidentiality agreements, and tortious interference with business and employment relationships.
In two cases representing plaintiffs alleging misappropriation of trade secrets and
breaches of confidentiality agreements, obtained settlements after the start of trial in which defendants agreed to cease certain business operations.
The type of clause which is more dangerous, however understandable in ethos, would be a typical inclusion of a very high fixed damages amount for
breach of a confidentiality agreement.
Not exact matches
The lawsuit accuses him
of «
breach of written contract —
confidentiality agreement» and «
breach of fiduciary duty.»
Some investors were pushing for Shop.ca to focus on profitability instead
of scale, according to a former insider, who requested anonymity so as not to risk
breaching a
confidentiality agreement.
The Department
of Education (DoE) has accused the union
of breaching a
confidentiality agreement and maintains that talks over pay are still ongoing.
In fact, if there ever were such
confidentiality agreements, then CRU had
breached them right from the start — by sending the 1991 version
of the data to the US Department
of Energy which published the station data online; by placing the 1996 version online at CRU as part
of the ADVANCE / 10K program; and by sending station data out on request (not just to Georgia Tech, but to others, including Mann and Rutherford in 2005 and even to me in 2002 before I was identified as a potential critic).
Lead counsel to specialized services business in litigation against competitor and several former employees for violation
of the Defend Trade Secrets Act,
breaching / interfering with
confidentiality agreements, false advertising, disparagement and related claims.
Won arbitration against former employee
of biotechnology client for
breach of confidentiality and non-disparagement clauses
of settlement
agreement, and obtained preliminary and permanent injunctions for the violations in federal district court (2016 U.S. Dist.
Expensive Secret Telling: When Damages May Be Available for
Breach of a
Confidentiality Clause in a Settlement
Agreement
«Project X»: represented Respondent purchaser
of «superyacht» defending a claim for alleged losses and damage suffered as a result
of an alleged wrongful repudiation
of a written brokerage
agreement and as a result
of alleged
breaches of Respondent's obligation
of confidentiality arising under that
agreement.
The case summary below highlights the consequences
of breaching a
confidentiality clause
of a settlement
agreement.
The employer immediately notified Snay that he was in
breach of the
confidentiality clause in the
agreement due to his daughter's Facebook post, and further, that it would not be paying the employee the $ 80,000 payment due to the
breach.
Superyacht — brokerage dispute: instructed on behalf
of a purchaser
of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result
of an alleged wrongful repudiation
of a written brokerage
agreement and as a result
of alleged
breaches of the Respondent's obligation
of confidentiality arising under that
agreement.
«Another type
of claim that may be carved out from the LOL are claims resulting from the
breach of the
agreement's
confidentiality provisions, especially when one or both
of the parties is giving the other party access to highly confidential information, the release
of which would cause the party serious damage by compromising its competitive advantage.
Kristen's litigation experience includes representing individual and corporate clients in cases involving claims
of breach of contract, consumer fraud, unfair trade practices, violation
of federal and state credit reporting laws, violation
of the Fair Debt Collection Practices Act, professional negligence, business torts, employment discrimination, wrongful termination, violation
of wage and hour law, and violation
of non-competition and
confidentiality agreements.
Some
of these situations are likely to be covered by express provisions
of the outsourcing
agreement, e.g. outsourcing
agreements normally provide that it is not a
breach of the
confidentiality obligations for a party to disclose confidential information to the extent required by applicable law.
Former Globe and Mail columnist Jan Wong's
breach of a 2008
confidentiality agreement with the newspaper and order to repay her settlement could mean more explicit
agreements will be demanded by employers in the future.
He has represented, and defended parties involved in various types
of claims, including: estate planning disputes, Will challenges, powers
of attorney disputes,
breach of privacy,
confidentiality, commercial lease and license
agreements.
The
confidentiality clause in a settlement
agreement is not unusual and there is now authority from the Superior Court
of Ontario that
breach of the
confidentiality will lead to repayment
of the portion
of the settlement by the wrongdoer.