Kansas Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty
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FAQ
An employee's departure is an important moment to safeguard the company's trade secrets. Require departing employees to return the company's confidential information and materials. Make sure to end employee's access to company's confidential information like emails, accounts, etc.
If someone steals his trade secret, an owner can request an injunction?that is, a court order prohibiting further disclosure of the information. He may also seek financial reimbursement to cover any economic loss he might have suffered due to the theft.
The plaintiff in a trade-secret case lawsuit must prove three facts: (1) it has some valuable business information that it has kept secret; (2) the information is not generally known; and (3) the defendant has used that secret. A defendant may attack each showing, but some attacks are better than others.
Use of a trade secret belonging to another does not always constitute misappropriation. There are two basic situations in which obtaining the use of a trade secret is illegal; where it is acquired through improper means, or where it involves a breach of confidence.
Breaches of non-disclosure agreements, industrial espionage, theft, fraud, and bribery are all improper means of acquiring a trade secret. For example, if you hack into a company's computer and copy the files, this act of acquiring the secrets improperly is misappropriation.