Louisiana Complaint - Trade Secrets - Misappropriation by Former Employee and Prospective Purchaser - Breach of fiduciary duty
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FAQ
The inevitable disclosure doctrine allows a plaintiff to prove a claim of trade secret misappropriation by demonstrating that the defendant's new employment will inevitably lead to the defendant's reliance on the plaintiff's trade secrets.
A fiduciary duty prioritises the beneficiary's interests ahead of their own interests and acts with the utmost loyalty, honesty, due diligence, and good faith. This legal responsibility also includes disclosing all material information that may affect the beneficiary's interests to avoid any conflicts of interest.
Trade secrets. A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose, and to prevent another person from disclosing, a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.
Key Takeaways. A fiduciary duty involves actions taken in the best interests of another person or entity. Fiduciary duty describes the relationship between an attorney and a client or a guardian and a ward. Fiduciary duties include duty of care, loyalty, good faith, confidentiality, prudence, and disclosure.
Use of a trade secret belonging to another does not always constitute misappropriation. There are two basic situations in which obtaining the use of a trade secret is illegal; where it is acquired through improper means, or where it involves a breach of confidence.
A fiduciary is required to act in the highest good faith toward his or her principal and not seek to obtain any advantage over him or her by the slightest misrepresentation or concealment.
When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else financially. The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary.
What Are the Primary Fiduciary Duties? Duty of Care. Duty of Loyalty. Duty of Obedience. Duty of Confidentiality. Duty of Prudence. Duty to Disclose.