Connecticut commercial litigators sometimes overlook an archaic civil procedure tool which can be used very successfully to obtain discovery of information before a company commits itself to what could be expensive litigation. We’ve used this procedure in employment cases, toxic tort cases and trade secret matters. And a recent Superior Court opinion validates this litigation strategy.
Nothing. Seriously, though, even large companies, like Ford Motor Company, seem to forget this. And it will probably end up costing it a lot of money in attorneys fees.
Under pretty much any trade secret analysis, the party seeking to protect the information must make reasonable efforts under the circumstances to keep it secret. Makes sense. Every state that has adopted the Uniform Trade Secrets Act, including Connecticut, has this requirement. If you don't try to keep it a secret than why should the Court?
Yes, there is, but not when compared to the loyalty of a pet. So what can you do if you discover a seriously disloyal employee? Even if you do not have a written agreement with the employee such as a non-compete agreement or non-solicit agreement (you can read up on these here), you can still protect your business from an employee that competes with you behind your back.
Yes, I cannot resist. Trump is all over the news so why not our blog? A thought crossed my mind. Presumably most, if not all, of the Trump Organization's employees sign strict, and likely very broad, confidentiality agreements or non-disclosure agreements. Same is likely true of contestants on his show The Apprentice. If Trump is elected, (arguably even if he isn't) are those agreements enforceable? They probably are to an extent, however. employees have some protections when speaking out on matters of public concern. Connecticut, like most states, has codified these protections.