Executive Termination, Quirky Question # 1
Quirky Question # 1: We recently terminated one of our executives “without cause.” Under his employment contract, we are obligated to pay one year’s severance for terminations without cause. In...
View Article“Memorized” Trade Secrets, Quirky Question # 69
Quirky Question # 69: One of our key employees recently took a position with a competitor. We do not believe that he stole any of our trade secrets by taking hard copies or electronic copies of our...
View ArticleStealing Confidential Information, Quirky Question # 78
Quirky Question # 78: I am the HR Director at our company. I just learned that one of our most valuable employees has resigned and taken a position with a competitor. I requested our IT Department to...
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When Workers Steal Data to Use at New Jobs
When Workers Steal Data to Use at New Jobs Despite some negative case law, the Computer Fraud and Abuse Act is an effective tool for employers. In response to the economic crisis, companies have...
View ArticleQuirky Question # 141, Customer Lists as Trade Secrets
Quirky Question # 141: One of our sales employees recently left our company. He now is starting to call on our customers. It appears that he may have some of our customer lists in his possession. We...
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Question #272: Competing in California
Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he...
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Question #273: Crafting a Concrete Non-Compete
Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is...
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Quirky Question # 276: Ex-Employees Gone Rogue
Question: Our company uses agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have...
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Quirky Question #277: Passage of the Defend Trade Secrets Act
Question: I saw something on the news about some new trade secrets legislation. What’s going on with that? Will it help employers better protect their trade secrets? Answer: By Joel O’Malley Joel...
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Quirky Question #281: Deploying the DTSA
Question: We believe our former employee recently stole some of our trade secrets and went to a competitor. Can we rely on the Defend Trade Secrets Act to bring suit in federal court? Answer: By Joel...
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Quirky Question #283: They Stole Our Stuff, Can We Sue?
Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s...
View ArticleMultistate Non-solicitation Agreements: Does One Size Fit All?
Many employers have offices in multiple states, but want to have one form of employee agreement prohibiting solicitation of employees and customers. Since some state laws, namely California, may be too...
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