Restrictive covenants/ biz secrets update. Go to jail!

Restrictive covenants/ biz secrets update. Go to jail!

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anonymous-user

Original Poster:

55 months

Wednesday 22nd November 2017
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Restrictive covenants etc pop up here from time to time. I have recently given a paper on some recent cases in the field. PM me if you want a copy.

One of the cases is about a bloke who disobeyed a court order granted after he made off with business secrets. He went to jail for six weeks. That one is useful when Bloke in Pub says that employers are powerless to act against employees who make off with the goodies.

anonymous-user

Original Poster:

55 months

Saturday 25th November 2017
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Interesting reading thanks - I realise the size of the interested audience may not be that large however...

Some nice examples of dumb employees as well as over reaching employers

anonymous-user

Original Poster:

55 months

Saturday 25th November 2017
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Both are in good supply.

Sheepshanks

32,806 posts

120 months

Saturday 25th November 2017
quotequote all
Breadvan72 said:
One of the cases is about a bloke who disobeyed a court order granted after he made off with business secrets. He went to jail for six weeks. That one is useful when Bloke in Pub says that employers are powerless to act against employees who make off with the goodies.
To be fair that's more about disobeying a court order though, isn't it?

anonymous-user

Original Poster:

55 months

Saturday 25th November 2017
quotequote all
It's about injunctions having teeth.

Sheepshanks

32,806 posts

120 months

Saturday 25th November 2017
quotequote all
Breadvan72 said:
It's about injunctions having teeth.
Once it's got that far it's pretty stupid to not comply.

anonymous-user

Original Poster:

55 months

Tuesday 28th November 2017
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johnfm

13,668 posts

251 months

Saturday 2nd December 2017
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Breadvan72 said:
Reads like a charter for employees to steal their employers' businesses with the blessing of the court.

anonymous-user

Original Poster:

55 months

Sunday 3rd December 2017
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That would be a misreading. Springboard injunctions are regularly granted but in that case the key point was this:


" ...fatally for MPT, the Judge went on to conclude that the balance of evidence, including expert evidence, on the various MPT and MattressTek machines indicated that (save in one instance) the latter’s machines had been developed without use of MPT’s confidential information. As such, no advantage had been obtained by the misuse of confidential information and no springboard injunction could be granted."

The Judge found that the small advantage gained from the misuse of confidential information was ephemeral and had already elapsed.

A springboard injunction is not a punitive measure. It is not granted to penalise a party for past wrongdoing (there are other remedies for that). It is granted to deprive a party of future benefits from wrongdoing. In that case, there weren't any.


anothernameitist

1,500 posts

136 months

Monday 4th December 2017
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Well you have to be a bit dumb to ignore a court order.

You might have stolen secrets from your ex employer because they were a bad employer in your eyes.

That is your call.

FFS ignoring the courts really is mental

Tony Angelino

1,972 posts

114 months

Monday 4th December 2017
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I have been given a new updated contract to sign recently, this has some restrictive covenants contained within it - I would appreciate a look. I am thought not over academic, is it in relatively plain English please?

thanks

anonymous-user

Original Poster:

55 months

Tuesday 5th December 2017
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My paper is in plain English but is neither an introduction to the subject nor legal advice on an individual contract. For advice that you can rely on, you need to instruct (and pay) an insured expert. I can recommend some people (not me, as I don't do direct access work and don't come here to drum up business).