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confidentiality agreement
Waco Court of Appeals Upholds Actual and Punitive Damages Related To Non-Compete Agreement
The Waco Court of Appeals recently upheld a damages award and permanent injunction regarding the breach of a non-compete agreement in favor of Chris Christensen Systems, Inc. (CCS), a dog product manufacturer and distributor against its former employee, Eric Salas. The Court of Appeals...
9th Circuit Applies Iqbal's Plausibility Requirement to FCA Case
Mary Cafasso, a former employee of General Dynamics C4 Systems (“GDC4”), brought a False Claims Act case against her former employer after her job was eliminated following corporate restructuring. The 9th Circuit affirmed the District Court’s dismissal of Cafasso’s...
Understanding Risks and Avoiding Lawsuits - Negotiation of the Master Services Agreement
Recently, I received a call from an attorney trying to figure a way out of a Master Services Agreement for his client. His client, the purchaser, was stuck owing a lot of money to a technology vendor under a Master Services Agreement that was not working for...
When A Little Sunshine May Cause A Burn
According to Senator Herb Kohl, the intention of the "Sunshine in Litigation Act of 2009" (S. 537) is to require federal judges to perform a " simple balancing test" to ensure that in any proposed secrecy order, the defendant's interest in secrecy truly outweighs the public...
Proposed "Paycheck Fairness Act" Would Affect Confidentiality Agreements and Policies
One little noticed provision in the proposed federal "Paycheck Fairness Act" would affect standard language in many confidentiality agreements and policies. Specifically, the Paycheck Fairness Act, which is intended to fight discriminatory pay practices, contains a provision that bars an...
