Law Commons^™

Beyond Trade Secrecy: Confidentiality Agreements That Act Like Noncompetes, Camilla A. Hrdy, Christopher B. Seaman

Scholarly Articles

There is a substantial literature on noncompete agreements and their adverse impact on employee mobility and innovation. But a far more common restraint in employment contracts has been underexplored: confidentiality agreements, sometimes called nondisclosure agreements (NDAs). A confidentiality agreement is not a blanket prohibition on competition. Rather, it is simply a promise not to use or disclose specific information. Confidentiality agreements encompass trade secrets, as defined by state and federal laws, but confidentiality agreements almost always go beyond trade secrecy, encompassing any information the employer imparted to the employee in confidence.

Despite widespread use, confidentiality agreements have received little attention. …

Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii

Dickinson Law Review (2017-Present)

Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.

This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …

How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster

Marquette Law Review

Investigative reporters and the #MeToo movement exposed the widespread use of non-disclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …

Law Library Blog (April 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …

International Liability For Damages Caused By Satellites And Other Space Vehicles In Light Of Outer Space Treaties, Muhammad Ali Al-Hajj

UAEU Law Journal

The research aims to describe the provisions of international liability of the damage caused by satellites and other spacecraft as well as addressing the definition of outer space and its nature. Then, it covers the role of the United Nations (UN) in its organization through adoption of several resolutions and agreements detailing the provisions that are relevant to the registration of launched vehicles into space and the rules of liability resulting from damages that may be caused. In conclusion, the study holds that states bear an absolute liability when damages occur on the ground or while the aircraft is in …

Liberalization Of World Trade Agreements And Their Impact On The Legal System Of International Contracts, Bin Ahmed, Al-Haj

UAEU Law Journal

In the contemporary period, international trade is based on two ideas: the first is that the market transcends country boundaries and thus can build a spontaneous law and supranational legal rules; the second concerns the State, which has no jurisdiction to impose its legal system on commercial relations.

So there is a phenomenon of legal pluralism, a state of legal order and as a spontaneous supranational legal order, which finds its source in commercial practices, arbitrations, and model contracts.

Globalization of trade has provided very important interests of economic operators, alos, it threatens the sovereignty of the State and its …

Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan

UAEU Law Journal

In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.

Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan

UAEU Law Journal

The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.

Issues Of Legal Regulation Of Relations Related To Information And Communication Technologies, K. Mekhmonov

Review of law sciences

The article discusses the legal issues of using artificial intelligence in jurisprudence. The author analyzes the legislation and law enforcement practice of foreign countries such as the USA, Great Britain, Australia, Russia, Kazakhstan, as well as the resolution of the European Parliament and the WIPO materials on the use of artificial intelligence. The features of the legislation and practice of the Republic of Uzbekistan on the use of artificial intelligence are revealed. In conclusion, the author gives reasonable conclusions on the improvement of legislation in relation to artificial intelligence in jurisprudence.

Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov

Review of law sciences

Author analysis and gives new comprehension of contemporary problems of states- succession in international law, theoretical aspects, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.

Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov

International Relations: Politics, Economics, Law

Аuthor analysis and gives new comprehension of contemporary problems of states succession in international law, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to …

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Newroom: Yelnosky: Future Of Public Sector Union 'Dues' 01-14-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Slides: Indigenous Water Justice In The Columbia River Basin, Barbara Cosens

Indigenous Water Justice Symposium (June 6)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

17 slides

Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich

Nevada Supreme Court Summaries

The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.

Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova

Nevada Supreme Court Summaries

The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part Two), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Curing The Mass Tort Settlement Malaise, Noah Smith-Drelich

Loyola of Los Angeles Law Review

To settle the thousands of claims arising from the defective painkiller Vioxx, Merck Pharmaceuticals brokered an agreement, not with the Vioxx plaintiffs but with their lawyers. This agreement required the plaintiffs’ lawyers to recommend settlement to all of their clients and to withdraw if any of those clients declined: plaintiffs’ lawyers could either settle all of their claims or none. Through this unusual arrangement, made without the involvement of the plaintiffs and outside of any formal judicial supervision, Merck was able to craft a favorable settlement group that mimicked a Rule 23 class. This Article explores the Vioxx Agreement as …

Eu-Switzerland: Quo Vadis?, Marc Maresceau

Georgia Journal of International & Comparative Law

No abstract provided.

A Collective Approach To Pacific Islands Fisheries Management: Moving Beyond Regional Agreements, Ben Tsamenyi, Quentin Hanich, Feleti Teo

Quentin Hanich

The sustainable management and profitable development of the Pacific island tuna fisheries is the key ocean governance challenge for the Pacific islands region in the short and medium term. Resolving these challenges is fundamental to the long term future of the region and its ability to implement oceans governance across all resource and conservation concerns. This paper identifies some key implementation challenges facing Pacific island States at the domestic level and discusses further developments in sub-regional approaches to collective management that could significantly boost the national capacity of Pacific islands States to effectively implement their coastal State obligations and sustainably …

Reverse Payment Agreements: Why A “Quick Look” Properly Protects Patents And Patients, Natalie Stoltz

Saint Louis University Law Journal

No abstract provided.

The Sustainable Use And Conservation Of Biodiversity In Abnj: What Can Be Achieved Using Existing International Agreements?, Jeff Ardron, Rosemary Rayfuse, Kristina Gjerde, Robin Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

Attention has recently been given to shortcomings and gaps in the governance regime for marine areas beyond national jurisdiction (ABNJ), especially with regard to the conservation of marine biodiversity. This paper provides a brief overview of existing ABNJ treaties and their associated governance bodies. Examples of the manner in which some gaps have been (or are in the process of being) filled are outlined. These examples suggest that given the political will, existing bodies could achieve significantly more. Additionally, greater involvement from those conservation conventions that have already proven themselves to be effective in areas under national jurisdiction, such as …

A Collective Approach To Pacific Islands Fisheries Management: Moving Beyond Regional Agreements, Ben Tsamenyi, Quentin Hanich, Feleti Teo

Professor Ben M Tsamenyi

The sustainable management and profitable development of the Pacific island tuna fisheries is the key ocean governance challenge for the Pacific islands region in the short and medium term. Resolving these challenges is fundamental to the long term future of the region and its ability to implement oceans governance across all resource and conservation concerns. This paper identifies some key implementation challenges facing Pacific island States at the domestic level and discusses further developments in sub-regional approaches to collective management that could significantly boost the national capacity of Pacific islands States to effectively implement their coastal State obligations and sustainably …

From Lord Coke To Internet Privacy: The Past, Present, And Future Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …

Arbitration Clauses In Fee Retainer Agreements., Chrissy L. Schwennsen

St. Mary's Journal on Legal Malpractice & Ethics

Due to the variety of approaches jurisdictions employ when determining the legal ramifications of arbitration clauses in fee retainer agreements, it’s best to include an explanation of the legal consequences of arbitration in the agreements. The attorney can, and should, fully explain the potential benefits of arbitration to clients. State courts take various viewpoints on the issue, and most stand contrary to the position of the American Bar Association (ABA) and state ethics committees on the subject. Consequently, attorneys must disclose truthful and accurate information regarding arbitration agreements when engaged in multijurisdictional practice in order to ensure protection from malpractice …

Negotiating For Social Justice And The Promise Of Community Benefits Agreements: Case Studies Of Current And Developing Agreements, Patricia E. Salkin, Amy Lavine

Patricia E. Salkin

A community benefits agreement (CBA) is a private contract negotiated between a prospective developer and community representatives. In essence, the CBA specifies the benefits that the developer will provide to the community in exchange for the community's support, or quiet acquiescence, of its proposed development. The promise of community support may be especially useful to a developer seeking government subsidies or timely project approvals. The CBA is a relative newcomer to the toolbox of strategies that communities may utilize to ensure that development occurs consistent with the sometimes more narrow goals and desires of neighborhood residents, as opposed to the …

Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors discuss different legal mechanisms to franchise your business successfully while minimizing legal risks.//////////////////////////////////////Los autores analizan los diferentes mecanismos legales para desarrollar una franquicia con éxito y reducir al mínimo los riesgos legales.