Thursday, September 03, 2015

Confidential company information leaked in appeal of unemployment claim??



A discussion of the Utah trade secret case InnoSys, Inc. v. Mercer, 2015 UT 80, includes the following (surprising) text:


Following her termination, Mercer filed a claim for unemployment benefits with the Utah Department of Workforce Services. After her claim was denied, she appealed, submitting a number of protected documents, including the confidential business plan and protected emails, into the administrative record. At that point, InnoSys began asking for details as to when and how she gained access to the confidential materials. Mercer then deleted all of the emails and InnoSys files. InnoSys filed a complaint in court, alleging that Mercer had breached her non-disclosure agreement (NDA), misappropriated company trade secrets in violation of the Uniform Trade Secrets Act (UTSA) and breached her fiduciary duty to the company. -

(...)

it appears that it learned she had confidential company information after she submitted the company documents as part of her unemployment appeal. -

Also: http://www.natlawreview.com/article/utah-supreme-court-misappropriation-trade-secrets-presumes-irreparable-harm#sthash.9NqTfC1Z.dpuf




Link: http://www.natlawreview.com/article/utah-supreme-court-misappropriation-trade-secrets-presumes-irreparable-harm

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