Trade Secrets

Trade secrets of incorporations are one of the complicated cases that take long time to find a justification and accurate judgment. Their situations are all different from each other and hard to be fallen into the state law rules. Therefore, most incorporation has their own set of rules about how system should be operated and taken distinctive measurements. In 1997 plaintiff, Clicketyclick Inc., opened a case against their former employees, Jeffrey A. Gates who used to be vise president and David Ellison who also used to be vise president. These former employees of Clicketyclick are accused of stealing the company secrets and breach of employee and employer contract.

Stealing or accusing someone for stealing is something greatly different from one another. The former employer of Gates and Ellison is accusing them for stealing the Clicketyclick’s confidential materials, which is business plan and strategic information. Gates and Ellison both we’re accessible to all these information of the Clicketyclick’s, due to their occupation. Vise presidents of the company must know all the company’s future goal and future ideas, because they will have to make sure these ideas happens and sets to use. Former employers, Ryan and O’Connor, have found evidence, which is Reliance’s business plan and other strategic documents, that shows Gates and Ellison were to start their own company and go against Clicketyclick. But nothing shows of their theft and use of confidential material.

Breaching the employee and employer contract is solely based from the contract that both parties have signed and what’s written on it. Also, there is no set rule about how it should be made and designed from the state. Therefore, to determine the breach of the contract we must look into contract, which were signed, and what actions were taken from the both sides. As of Gates contract, it’s hard to determine how he breached his contract, due to his contract being signed