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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: confidentiality

Confidential Communications With In-House Counsel Are Not Always Privileged

Posted in Attorney-Client Privilege

Next to a person’s Fifth Amendment right to remain silent, the attorney-client privilege is probably the most well recognized legal doctrine out there. Nevertheless, there are many nuances surrounding the privilege about which even seasoned lawyers are not very familiar. One of these deals with the fact that not all private communication between an attorney and… Continue Reading

Corporate Individual Creating a Privileged Communication May Not Control Waiving It

Posted in Attorney-Client Privilege, Confidentiality

While companies, like people, are entitled to protect privileged communications with their counsel, companies only can act through individuals. So what happens when the former CEO wants to disclose a privileged communication he had with his company’s corporate counsel? As SEC v. Present highlights, if the company does not want that communication disclosed, the former… Continue Reading

If You Have Confidential Information, Keep It Confidential!

Posted in Confidentiality, Noncompetition & Other Restrictive Covenants

I’ve been involved in many cases where it is alleged that someone violated his or her non-compete agreement or misappropriated the company’s confidential information or trade secrets. Often, the key issue has been not what the former employee did, but what the company did not do to protect the information it contends is proprietary. The… Continue Reading

Your Trade Secrets May Be Vulnerable to “Legal” Theft

Posted in Compliance, Policies & Notices, Noncompetition & Other Restrictive Covenants, Privacy & Data Security

As in-house counsel, how would you like to tell your CEO: “While our customer lists, pricing information, and business processes are trade secrets, we can’t sue the independent contractor who stole them because we did not do enough to protect those trade secrets.”  Sound contrived?  Well, that is exactly the ruling one Massachusetts Superior Court… Continue Reading

Requiring Employee Confidentiality of Investigation is Unlawful, Says NLRB

Posted in Compliance, Policies & Notices, Labor Relations

In a prior post, I had discussed the importance of properly investigating allegations of sexual harassment.  Now, the National Labor Relations Board (NLRB) has added a related issue to consider: When can employers prohibit employees from discussing ongoing investigations?  In its July 31, 2012 decision in Banner Health Systems, d/b/a Banner Estrella Medical Center and… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 3

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In Part 1 and Part 2 I discussed four steps that I recommend employers follow in using criminal records.  Here in Part 3 and the last part of this series, I address the process of the handling of the documents.  Step 5:  Handling Documents with CORI Criminal records information obtained from any source is confidential, and employers… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 2

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In my prior blog post, I provided the first two steps for an employer to obtain and use CORI in Massachusetts based on the new CORI regulations issued on May 25, 2012.  This post addresses the next two steps in this process. These blog posts also address when an employer conducts its own CORI checks. … Continue Reading