Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court recently addressed this question in Scherer Design Group, LLC v. Ahead Engineering LLC and decided not to apply the “unclean hands” doctrine against the employer in a trade secrets case, clearing the way for the injunction. While not a suggested approach that you should take without consulting with your attorney, the case does present an interesting situation that all employers should familiarize themselves with.
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Non-compete, Privacy, Trade Secrets, Unfair Competition/Employee RaidingTags: Confidential Information, Confidentiality, Confidentiality Agreements, Defend Trade Secrets Act, Electronic Communications Privacy Act, employee monitoring, Employee Privacy, Facebook, injunctive relief, Non-Compete, privacy, Social Media, social networking, Stored Communications Act, Trade Secrets, TRO, Unfair Competition, Uniform Trade Secrets Act, Workplace Privacy