By Carol O’Riordan and Jay Shah Does the attorney-client privilege apply less definitively to in-house counsel than to outside attorneys? About a year ago, the New Mexico Court of Appeals ruled in Bhandari v. Artesia General Hospital that a memo written by a hospital’s general counsel regarding an employee’s termination was not privileged because it...
Tag: Trade Secrets
To Protect Your Secrets, Get a Non-Disclosure Agreement in Advance
By Anthony Marchese As we highlighted in our previous post on the C.R.T.R case in federal court in Massachusetts, any company that entrusts independent contractors with proprietary information runs the risk that this information could be misused to the company’s detriment. In the absence of any agreement to the contrary, independent contractors are under no...
No Confidentiality Agreement, No Trade-Secret Protection
By Anthony Marchese A Massachusetts lower-court ruling from earlier this year in the area of trade secrets law has drawn a good deal of attention and is worth noting here. In this case, C.R.T.R., Inc. v. Lao, a recycling company called C.R.T.R. hired Kenneth Lao as an independent contractor to help run the business. Lao...