Sentences with phrase «in breach of a confidentiality»

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.

In formulating the obligation in that way, the court took the view that, although it may in principle be open to the decision - maker to accept confidential information and then decide to disclose the information in breach of the confidentiality obligations to which it was subject, in reality that was not an option available to a responsible public authority, both because it would be ethically repugnant to such a body, and because it was highly likely that such conduct would have a material adverse effect on its ability to obtain confidential information in the future: [59].

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.

Accordingly, if the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party will have the right, in addition to any other remedies available, to seek injunctive relief to enjoin such acts.

There are other cases where repayment of a settlement was ordered in a breach of confidentiality situation but in a relatively small amount.

Not exact matches

Since the leak, huge holes in the business have become apparentm, and the confidentiality and confidence of its (understandably secretive) users has been breached.

Doe's best argument might be «that the church breached a promise of confidentiality made by the member who said, in the lead - up to the baptism, «Nobody will find out.

Information should not be transmitted within the site that is in any way libellous, obscene, discriminatory, defamatory, seditious, blasphemous, threatening to other individuals, in breach of copyright or confidentiality, or otherwise unlawful.

The emails and documents show that negotiators had agreed to terms that included a $ 20,000 breach of confidentiality clause in the contract should any of those involved in the deal go back on the settlement terms.

Also be aware that, even in a closed review system, it may be difficult to guarantee your anonymity: Although rare, breaches of confidentiality do happen, or perhaps you're in a subspecialty that is so small that you'll be easily identified as the reviewer.

The claims of a confidentiality breach and conflict of interest, if they prove true, «are serious, and are not off - the - wall,» says Paul Rothstein, a professor of torts, evidence, and civil litigation at Georgetown University Law Center in Washington, D.C..

Litigation was most likely to arise from allegations of improper performance, errors in diagnosis, and claims that did not involve a purely medical error, such as abandonment, breach of confidentiality, or consent issues.

The scenarios ran the gamut of clinic woes: missing Drug Enforcement Agency (DEA) drugs; a breach of client confidentiality when photographs of a patient are posted on the Internet; a long - term employee who develops physical problems and a toxic attitude; the pros and cons of major equipment purchases; a new specialist who takes advantage of training funded by the clinic, then accepts a new job; a veterinarian who suffers fatal injuries on the job; an emergency call from a client who has not paid bills in the past.

Read including the full set of comments, including Monckton's -LRB-(I'm on his Bad List, too, among other things, for «interfering in an unlawful manner on the blogosphere» and breaching doctor - patient confidentiality), and the various replies to all that.

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 criticIn 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 criticin 2005 and even to me in 2002 before I was identified as a potential criticin 2002 before I was identified as a potential critic).

For example, the updated comment to Rule 1.6 (c) on confidentiality provides a nonexhaustive list of factors to consider whether an attorney acted reasonably in the lead - up to a breach of client data, but it does not endorse a specific approach.

The information owner may wish to provide for remedies in the event of a breach of confidentiality, including money damages, injunctive protection, attorneys» fees and appropriate indemnifications.

Breaches of confidentiality can cost you your job, get your name in the wrong place in the blogosphere or Twitterverse, and make you searchable in a bad way on Google, Lexis, and Westlaw under nasty ethical lapse search terms.

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.

Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.

Advising in relation to a breach of confidentiality in an investment firm, including managing the crisis, reviewing what information had been lost, investigating the conduct of employees, delivering an investigation report and advising on remedial steps to improve cybersecurity.

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.

Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.

In addition to the unacceptable conduct the employer knew about at the time of dismissal, the employer at trial also argued that use of a company phone for a purpose that was never intended, that is recording conversations with senior management, was a deliberate violation of the employee's duty of confidentiality and a breach of trust and loyalty to the defendant.

Expensive Secret Telling: When Damages May Be Available for Breach of a Confidentiality Clause in a Settlement Agreement

«Although it did not, the respondent's breach of solicitor - client confidentiality had the potential to seriously prejudice the client in his criminal proceedings,» the panel said.

I suspect that in many countries where you have some protection from being fired without a good reason, breach of this confidentiality would give the company that good reason.

Thus far, the existence of a mediation contract requiring confidentiality has not succeeded in affording any wider protection than that afforded by the without prejudice principle, albeit that a contractual remedy may afford a secure basis for the obtaining of an injunction to restrain a threatened breach of that confidentiality: see Venture Investment Placement Ltd v Hall [2005] EWHC 1227 (Ch), [2005] All ER (D) 224 (May) and David Instance v Denny Brothers Printing Ltd [2000] FSR 869.

All lawyers have a similar rule on confidentiality, but different states and practice areas have different rules about what to do in the event of a data breach — and what constitutes a breach in the first place.

In the Kitchener style («your country needs you»: 1914) of much modern code drafting (and even court forms, harrumph) the rule states: «If you are a lawyer... and you personally hold, or your firm holds, confidential information in relation to a client or former client, you must not risk breaching confidentiality by acting, or continuing to act, for another client... where: (a) that information might reasonably be expected to be material; and (b) that client has an interest adverse to the [other] client, except where proper arrangements can be made to protect that information [as set out later in the rules].&raquIn the Kitchener style («your country needs you»: 1914) of much modern code drafting (and even court forms, harrumph) the rule states: «If you are a lawyer... and you personally hold, or your firm holds, confidential information in relation to a client or former client, you must not risk breaching confidentiality by acting, or continuing to act, for another client... where: (a) that information might reasonably be expected to be material; and (b) that client has an interest adverse to the [other] client, except where proper arrangements can be made to protect that information [as set out later in the rules].&raquin relation to a client or former client, you must not risk breaching confidentiality by acting, or continuing to act, for another client... where: (a) that information might reasonably be expected to be material; and (b) that client has an interest adverse to the [other] client, except where proper arrangements can be made to protect that information [as set out later in the rules].&raquin the rules].»

Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

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.

Defending two individuals in the insurance sector on the defence of an application for injunctive relief to prevent breach of post-termination restrictions and confidentiality obligations in the High Court.

LexMeet has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as LexMeet considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property (4) violation of confidentiality.

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 operationIn 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 operationin which defendants agreed to cease certain business operations.

Prominent Calgary lawyer Kristine Robidoux, best known for her work defending corporate clients on bribery charges, has been suspended by the Law Society of Alberta and resigned from Gowling Lafleur Henderson LLP, in the wake of being found to have breached client confidentiality in 2008.

Green J accepted and gave considerable weight to the evidence of the Metropolitan Police that disclosure of information to defendants in Thai criminal proceedings would breach assurances of confidentiality, which would have a chilling effect on international law enforcement co-operation.

Amy's practice extends into the civil courts where she has represented clients in claims of discrimination, wrongful dismissal and matters involving breaches of covenant such as confidentiality and restraint of trade.

The EAT concluded that the tribunal had also erred in concluding that the reason for the breach of confidentiality was the claimant's religious belief.

While the press release contained only high level details, the 28 page Statement of Claim provides a very detailed account of the background leading up to the proposed CanniMed — Newstrike transaction and how certain CanniMed shareholders and Directors allegedly breached confidentiality and fiduciary duties and «hijacked» the board's process in order to kill the CanniMed — Newstrike deal and facilitate Aurora's bid to acquire CanniMed.

Conducting HIPAA Breach Risk Assessments The HIPAA rules relating to assessment of potential patient confidentiality breaches were changed in 2013.

He also counsels clients in securities fraud and breach of contract disputes, and supports multijurisdiction litigation with activities such as witness preparation and confidentiality assessments.

Complex legal issues in relation to the alleged breaches of confidentiality and breaches of fiduciary duties relating to the alleged receipt of «secret commissions».

A report in The Lawyer back in October 2013 cited warnings from a Chief Information Officer at a top - 10 City firm who was convinced a prominent legal practice would go «down in flames as a result of a cyber attack breaching client confidentiality».

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.

Acknowledging the issues were novel, the motions judge in the case concluded that the defendant / accused had breached the deemed undertaking of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.

Disclosure for Management and Administration: Except as otherwise limited in this HIPAA Addendum, BirdEye may disclose PHI for the proper management and administration of the BirdEye, provided that disclosures are Required by Law or BirdEye obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential, and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies BirdEye of any instances of which it is aware in which the confidentiality of the information has been breached.

She held that allowing defence counsel to attend at a first stage hearing under a confidentiality undertaking would breach this rule and would place defence counsel in a a conflict of interest (torn between her duty to the court and client).

Anyone working in healthcare is aware of the legal and ethical quandaries of patient confidentiality and «when should I breach confidentiality?»