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Current Developments in the Commercial Divisions of the
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Posted: November 7, 2016

When Party Requires that Information it Sells Be Kept Confidential, Information Still Protected

On October 25, 2016, the First Department issued a decision in BitSight Technologies, Inc. v. SecurityScorecard, Inc., 2016 NY Slip Op. 06980, holding that when a party requires that information it sells be kept confidential, that information remains protected as confidential information despite its sale, explaining:

When a party sells information to subscribers with the requirement that the latter keep the information confidential, the information is still protected. At least for the purposes of a CPLR 3211 motion to dismiss, Anubis took sufficient precautionary measures to keep cyberfeeds confidential, since a trier of fact might find that cyberfeeds are covered by the contract’s confidentiality provisions.

(Internal quotations and citations omitted).

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