The plaintiff has asked us to evaluate Cynthia Bavaso’s liability for trade secret misappropriation. Under the Illinois Trade Secret Act (ITSA), to make a claim for trade secret misappropriation the plaintiff must establish that: a trade secret existed; the secret was misappropriated through improper acquisition, disclosure, or use; and the owner of the trade secret was damaged by the misappropriation. 765 Ill. Comp. Stat. Ann. 1065/2(b) (2010). We will examine the defendant’s actions in acquiring her former employer’s confidential customer list; Bavaso’s potential breach of the Statement of Confidentiality; and if Bavaso’s actions caused irreparable harm to the plaintiff. The first issue to be assessed is whether the confidential customer …show more content…
Delta Med. Systems, Inc. v. Mid-America Med. Systems, Inc., 772 N.E.2d 768 (Ill. App. Ct. 2002). In Stampede Tool v. May, the plaintiff contends it must develop customer relationships that require a substantial amount of time, effort and money because the list is not readily available from a telephone book, library, special directories, or any other publicly available sources. Stampede Tool Warehouse, Inc. v. May, 651 N.E.2d 209 (Ill. App. 1 Dist. 1995). See Gillis Associated Industries v. CARI-ALL, Inc., 564 N.E.2d 881 (Ill. App. 1 Dist. 1990) (the customer list represents clear economic value, both actual and potential, to the plaintiff as well as its competitors). Unfortunately, there are not enough facts provided about how the plaintiff’s customer data was compiled, how laborious the efforts may have been to create it and any associated costs. Without that, it is difficult to determine if the contacts could have been culled from a journal or even the yellow pages. Though the defendant downloaded the Microsoft Outlook contacts list, we have no way of knowing that all the contacts are the plaintiff’s proprietary data. It is possible that the defendant has personal contact information or independently developed contacts on the list as well. This could also apply to the Touch Base contact list. All that we know is that the defendant downloaded and printed the contact information. We do not know definitively if the customer list and other business data were contained in Outlook or Touch Base. It is possible the data was retained in another location. The only certainty presented by the facts is that the defendant is contacting some of the plaintiff’s current customers. Another unknown is the defendant’s prior relationship with customers on the list. She may be contacting customers that she
Cynthia Adae was taken to Clinton Memorial Hospital on June 28, 2006. She was taken to the hospital with back and chest pain. A doctor concluded that she was at high risk for acute coronary syndrome. She was transferred to the Clinton Memorial hospital emergency room. She reported to have pain for two or three weeks and that the pain started in her back or her chest. The pain sometimes increased with heavy breathing and sometimes radiated down her left arm. Cynthia said she had a high fever of 103 to 104 degrees. When she was in the emergency room her temperature was 99.3, she had a heart rate of 140, but her blood
A well-nourished, well-developed Hispanic female named Anna Garcia standing at 65 inches, 165 pounds and in her late thirties was found dead in her house after her concerned neighbor Doug Greene was suspicions as to why she didn't take her dog out like she did normally, and why the dog was barking constantly for two hours. The police received a call from Greene on August 31st at 9:45 am and arrived at the crime scene at 9:56am.The police found Anna lying face down in the hallway. Authorities observed a pool of blood around her head and some vomit beside her. It was 73 degrees inside Anna’s house, while it was 92 degrees outside. Anna was last seen alive by her former husband, Alex Garcia the night before her death. Investigators measured her rectal temperature, and came to a conclusion that she died at 7:00 am in that same morning. A medical examiner was also called to perform an autopsy to see what really caused Anna's death.
Renee Heikamp, 19, and case worker from the Catholic Children’s Aid Society (CCAS), Angie Martin, were charged with criminal negligence resulting in the 1997 death of newborn baby, Jordan Heikamp. The charges were dropped shortly after Jordan’s death, due to a lack of evidence from the investigation of a 63-day inquest. (CBC, 2001). Renee Heikamp and her baby were residing at the Anduhyaun shelter that services Aboriginal women fleeing abuse during the time of his death. Jordan Heikamp had starved to death, weighing only 4 pounds, 4 ounces less than what he weighed at his pre-mature birth, in May 1997; a photograph shown to witnesses at the inquest revealed the corpse of the baby who was little more than a skeleton.
The court’s decision based on the treatment of young people in this case emphasizes on the concept of social justice, which means the fair allocation of wealth, resources and opportunity between members in a society. The appellant in this case, Louise Gosselin, was unemployed and under the age of 30. She challenged the Quebec Social Aid Act of 1984 on the basis that it violated section 7 of her security rights, section 15 of her equality rights in the Canadian Charter of Rights and Freedoms and section 45 of the Quebec Charter of Human Rights and Freedoms. For the purpose of this essay, we shall explore the jurisprudence analysis of section 7 and section 15 of the Canadian Charter of Rights and Freedoms. Section 7 states that everyone has the
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
Svoboda and Robles both broke the misappropriation and tripper (tippee) theory. In Bailey article, he mentions that the misappropriation theory requires courts to focus on whether a fiduciary relationship, or similar relationship with a "duty of trust or confidence," exists (2010, p.541), and tripper theory obtains an individual who received confidential information from the insider individual. Svoboda and Robles violated the fiduciary duties which are the duty of loyalty and care. When Svoboda brought in an outsider, Alena, to complete the task, he broke the duty of loyalty and care toward his company, but then was disloyal to Robles when Svoboda prepared his own trade security. Under Section 10b and rule 10b-5, if an individual using confidential information and then assist another individual, the individual is liable for the trading of the confidential information if they are aware of the fiduciary duties. As a tippee, Robles was liable for trade securities because he was aware of the policy of the Rogue Bank. Bailey (2010) provides an example regard to the SEC v. Texas Gulph Sulfur, when the Second Circuit held that an investor is prohibited from using non-public information to his advantage, regardless of how the investor received the information and the explanation for this situation was to ensure all investors were provided with equal
The court held that the alleged sale activities of a similar product, the Intelliguard 500, made by a third party, Clifford Electronics, before the filing date was deemed a commercial sale. Here with Tricia Parker’s case, a similar invention to the FishMask, Thrill Grills, was on sale at the Dive retail store for two weeks prior to Tricia Parker’s forthcoming patent application. This would suggest that there was either a sale or an offer for sale between the owner of the Thrill Grills and the purchaser for the Dive retail store. Because there was a sale or an offer to sale of a similar invention to the FishMasks, it was therefore a commercial sale.
Arthur, G. L., & Swanson, C. D. (1993). Confidentiality and privileged communication. The ACA legal
I am writing this recommendation in reference to Mrs. Beth Slette for the West Fargo Public Schools Superintendent position. With the privilege of serving with Mrs. Slette for five years on our executive administrative team at West Fargo, I have been very impressed with her leadership and gifted communicator embracing listening, collaboration and patience. Mrs. Slette has exemplified her communication skills throughout our productive administrative team demonstrating tremendous vision and fortitude for student learning. It is evident that Mrs. Slette has the expertise to work closely with all stakeholders at West Fargo Public Schools to meet the established goals in leading our district.
BioServer Systems (BSS) provides secure web server space to its clients. The company is young but has grown exponentially thanks to its groundbreaking encryption technology that is sought after by many businesses including luring some government clients. Stanley Jausneister owns the company and was able to capitalize on his network of pharmaceutical contacts he amassed from his former career in that industry. A longtime client has recently had to fire one of its employees for attempting to sell pharmaceutical cultures to someone overseas. The client realized that they not only had problems with their background checks but contacted Stanley to see if BSS was indeed conducting background checks that were valid. An analysis of BSS interview process and subsequent background testing will be reviewed.
The purpose of this case study is to investigate and bring new insight to situations and behaviors within an organization. Case studies are learning tools which utilize social science research to identify and resolve individual and organizational challenges (K. Mariama-Arthur Esq., 2015).
This case study is not about Ms. Stewart direct participation with illegal insider trading as the media had steered the public to believe. To begin, Ms. Stewart received a phone call from Ann Armstrong, her assistant, stating that Peter Bacanovic, her stockbroker, “thinks ImClone is going to start trading down.” (Arnold, Beauchamp, Bowie, 2013, p. 390) Although Ms. Stewart was not able to get a hold of Peter, she talked to his assistance, Douglas Faneuil,
As the owner of a technology staff augmentation firm in Chicagoland, Rona Borre has a vested interest in providing her nationwide clients with professionals who have the skills to begin making an immediate difference in the client's company. Writing an article for CIO, How To Bridge The Gap Between HR And IT, Borre explains that HR professionals are not always aware of the exact skills the contract worker needs to fill a position in IT department. IT professionals are also not always the best at explaining their needs to non-technical associates either. At Borre's firm, Instant Alliance, team members are experts are determining the exact skill set that candidates need to perform the tasks that they will be contracted for, ensuring the ideal
Ivan Boesky pleaded guilty to the biggest insider-trading scheme discovered by the United States Securities and Exchange Commission (SEC). He made 200 million dollars by profiting from stock-price volatility on corporate mergers. What he actually did was cheat by using illegally obtained secret information about impending mergers to buy and sell stock before mergers became public knowledge/ Although insider trading is nothing new, the SEC knows it has become a threat to the public’s confidence, and they must enforce regulations to stop criminal activity. The SEC has put pressure on managers to regulate information leaks, promising strict legal enforcement if a business fails to police misuse of privileged employee information.
Section 3 of the clause is aimed at preventing such an occurrence but it should be noted that most employees have access to company’s database which is legal. Downloading of some information out of curiosity and using the same to make better trade secrets which are sold to other organizations amounts to economical espionage. This is innocent according to the act because it has no provisions to protect such incidences and need reviewing. The act should stipulate that any intentional or unintentional use of trade secrets for benefits to either the other organization or individual is punishable. The law will be water tight to prevent and disco...