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Company Confidential
What is confidential information? Just about every employer has information it claims is “confidential” ' typically something unique to the business. But many employers mistakenly believe all of their information is “confidential” under the law. In fact, many standard confidentiality clauses classify everything, including the proverbial kitchen sink, as confidential.
These overbroad notions actually do a disservice to companies ' making it increasingly difficult for courts to determine what is truly confidential and deserves legal protection. Because their analysis is very fact-intensive, courts have actually reached conflicting and sometimes contradictory decisions. As a result, it can be challenging for companies to predict exactly what information will be deemed confidential.
With this complicated landscape ' and a down economy making competitive information even more vulnerable ' now is the time to ensure your confidentiality policies and practices are sound and defendable. Here's a look at the dichotomy between trade secrets and confidential information; the common misconceptions about confidential information; how to make the confidentiality argument; and tips for counsel to preserve confidentiality.
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