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Non-Compete Blog

Posts from January 2014.

The issue of whether a departing employee has misappropriated the trade secrets of his or her employer often arises in the context of restrictive covenant enforcement. Indeed, some judges in New York City, will not issue a TRO in a restrictive covenant matter unless the court is presented with compelling evidence of theft of trade secrets. Given that such trade secrets are often downloaded from an employer’s computer database it may involve a breach of the federal Computer Fraud and Abuse Act (CFAA) and thus provide a plaintiff a pathway into federal court.

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