North Carolina Complaint regarding Misappropriation by Former Employee and Prospective Purchaser

State:
Multi-State
Control #:
US-01633
Format:
Word; 
Rich Text
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Description

This is a sample Complaint, against a company for hiring away a key employee of the plaintiff after reviewing plaintiff's confidential information as part of a failed negotiation to purchase plaintiff's company. Adapt to fit your facts, circumstances, and your state's procedural rules.
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  • Preview Complaint regarding Misappropriation by Former Employee and Prospective Purchaser
  • Preview Complaint regarding Misappropriation by Former Employee and Prospective Purchaser

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FAQ

California law defines the word ?misappropriation? as improper acquisition or unauthorized disclosure of a trade secret without the consent of the owner of that secret. Examples of improper means for acquiring trade secrets include: Theft. Espionage.

If you're found guilty of the theft of trade secrets in violation of federal law, you could face severe penalties, including forfeiture, fines, and up to 10 years in federal prison.

(1)"Misappropriation" means acquisition, disclosure, or use of a trade secret of another without express or implied authority or consent, unless such trade secret was arrived at by independent development, reverse engineering, or was obtained from another person with a right to disclose the trade secret.

This burden of proof requires the trade secret owner to demonstrate that he or she was in possession of knowledge or information that was not generally known and was valuable precisely because it was not generally known, and that the knowledge or information was subject to efforts that were reasonable under the ...

§ 1832 Theft of Trade Secrets. A violation of Section 1832 is a serious criminal offense carrying stiff penalties. Anyone who steals trade secrets, or receives stolen trade secrets knowing that they were unlawfully obtained, can be punished by a maximum of 10 years in federal prison plus fines.

This doctrine holds that a third party is liable when the third party acquires a trade secret from another and then discloses or uses the secret under circumstances where he knows or should have known that the trade secret was wrongfully acquired.

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North Carolina Complaint regarding Misappropriation by Former Employee and Prospective Purchaser