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Notes On: Safeguarding Personnel Information as Trade Secrets or Other Confidential or Protected Matter

By: Kraus, Anthony | Labor Law Journal, Winter 2012 | Article details

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Notes On: Safeguarding Personnel Information as Trade Secrets or Other Confidential or Protected Matter


Kraus, Anthony, Labor Law Journal


I. Introduction

Protecting company personnel information against its disclosure to and exploitation by competitors has been widely recognized by courts as a legitimate concern. In Freedom of Information Act litigation, courts have concluded in some instances that releasing a business's employee roster and related information would lead to employee raiding and have found them to be immune from disclosure under Exemption 4, applicable to trade secrets and other confidential commercial information.1 In some bankruptcy proceedings, judges have sealed such information to avoid facilitating the piracy of the debtor company's personnel and aggravating its already precarious financial …

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