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Trade secret theft

Asked over 4 years ago - Washington

I recently had an employee leave and go to work for one of my competitors. I am afraid she is selling me out and giving her new employer proprietary information and trade secrets. How can I stop her from telling these things and prevent my competitor from using the information?

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Attorney answers (2)

Douglas Jay Lineberry

Reputation Level 11

Answered over 4 years ago. Business Attorney in Tacoma, WA.

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Did you have a confidentiality and/or non-compete agreement in place with the employee? Even without such an agreement, certain proprietary information can be regarded as a trade secret and is protected under Washington's trade secret laws. You may be able to obtain a court order (an injunction) prohibiting your prior employee and her new employer from using your protected information. The issue of whether information is in fact protected can be thorny. I suggest that you consult with an attorney to discuss what information you believe is being used and why you believe it should be protected. From there you can consider whether it makes sense to pursue court action to protect the information.

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Mark Douglas Kimball

Reputation Level 5

Answered over 4 years ago. Business Attorney in Bellevue, WA.

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Washington's Trade Secrets Act provides protection for confidential and proprietary business information even in cases where employees and former employees did not sign confidentiality or non-disclosure agreements. The courts often focus on the steps that the employer took to protect (or attempt to protect) the information.
Where the information is protectable to the employer and where either the Trade Secrets Act or a Nondisclosure or Confidentiality Agreement applies, obtaining injunctive relief --the Court ordering a person or company not to engage in certain activity-- can often be obtained.

Law Offices of Mark Douglas Kimball PS

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