Information about a person or entity that is
nonpublic and is not to be shared or disclosed, i.e. it is kept in confidence
or kept secret. If disclosed, the
information could reasonably be expected to place the person or the entity at
risk of criminal or civil liability, or to be damaging to financial standing,
employability, reputation or other interests. It is also known as proprietary information, intellectual property,
privileged information, etc., but each of these terms can have slightly
different meanings.
(New
York, Legal) Consists of information gained during or relating to the
representation of a client, whatever its source, that is (a) protected by the
attorney-client privilege, (b) likely to be embarrassing or detrimental to the
client if disclosed, or (c) information that the client has requested be kept confidential.
“Confidential information” does not ordinarily include (i) a lawyer’s legal
knowledge or legal research or (ii) information that is generally known in the
local community or in the trade, field or profession to which the information
relates. NY RPC Rule 1.6. Prior to 2009, a relevant NY Code of
Professional Conduct was “DR 40101 [1200.10] Preservation of Confidences and
Secrets of a Client”.
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