Protecting trade secrets when employees depart
Several recent court cases in the United States focus on the misappropriation of trade secrets by employees departing technology companies. These high profile American cases are a reminder that...
View ArticleUSCBP updates policy on border searches of electronic devices
On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”)...
View ArticleHow to protect trade secrets following the departure of a key employee
Employers must keep in mind the fact that there is a thin line between, on the one hand, confidential information belonging to a company that remains protected by virtue of the duty of loyalty and, on...
View ArticleWill we be remote working forever? Considerations for employers
Recent weeks have seen optimism-crushing news that even should we have a vaccine soon, measures to prevent the spread of the virus may be in place for years. The uncertainty ahead has pushed many big...
View ArticleIs secretly recording a workplace conversation just cause for termination?
More and more employees are secretly recording workplace conversations. Although it is not a crime to secretly record a workplace conversation if you are a party to it, one judge recently concluded it...
View ArticleTermination clause update: ousting the common law and the danger of fixed...
A "termination clause" is a type of contractual term which specifies entitlements owed to a worker at the end of their employment. They come in many different shapes and sizes. Whatever the...
View ArticleHow to prevent (ex) employee disclosure or misuse of confidential information
Be it confidential client records, marketing strategies, unpublished patent applications, or source code, employees in Canada have a common law duty to maintain the confidentiality of confidential...
View ArticleDealing with data-sabotaging employees
Data security breaches are ultimately triggered by humans. Often the bad actor is on the other side of the globe looking for a ransom payment, but sometimes it's your own employee. Continue reading...
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