Just about every employer has information it claims is “confidential” — typically something unique to the business. But many employers mistakenly believe all of their information is confidential under the law. In fact, many standard clauses classify everything, including the proverbial kitchen sink, as confidential.

These overbroad notions actually do a disservice to companies, making it increasingly difficult for courts to determine which information deserves legal protection and leading to conflicting and sometimes contradictory decisions.

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