December 19, 2016
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N.D.A.'s- Should You Sign?

Non-disclosure agreements, or N.D.A.’s, are intended to protect proprietary information, including ideas and technology, from being stolen by employees, prospective employees, consultants, prospective investors, etc.  But if a server in a yogurt shop is asked to sign an N.D.A., has the trend gone too far?  (No, she did not sign, and still is working.)  A New York Times article notes that while some companies pitching ideas to investors continue to ask for N.D.A.’s, investors most often refuse to sign them.  Entrepreneurs nevertheless continue to pitch their ideas since, as the article suggests, the risk of delaying the funding process by obtaining legal assistance is more significant than the risk of being copied.  Also, from a practical perspective, enforcement of an N.D.A. is difficult since it can be costly for a small start up to litigate, and often boils down to a “he said/she said” scenario.  Noting a decline in N.D.A.s from a decade ago, the article offers some helpful guidelines.  Ultimately however, companies requesting N.D.A.’s, or those being asked to sign them, might find that consulting a lawyer with knowledge of non-disclosure agreements is the best practice, and can help evaluate whether an N.D.A. is appropriate in a specific case.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

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