Re: proprietary information: former employee

Subject: Re: Re: proprietary information: former employee

Comments:
: : My husband previously worked for a company that audited telecommunications bills for other companies. Now he is publishing a book telling companies how they can audit their own bills. All of the information in the book is public knowledge--how telecom works, how telecom companies do their billing, etc. My husband has been doing the research for the book before his previous employment, during his previous employment as their training manager, and now after his previous employment. The company he worked for had him sign a noncompete agreement that also detailed much about proprietary information and etc. They love to sue. What are the issues we should be aware of? Could the company potentially win a suite against us, and what would the repurcussions be? Would it help if he wrote under a pseudonym? : Dear Lyn, : It substantially depends on the agreement or agreements that have been signed. : Then the ugly reality sets in. If sued even if not in inviolation of the agreement, can he afford to defended. : This is one of the ugly realies of the law. The law has always been like this, historically, whether just or unjust, anywhere in the world. : In truth many of the restrictions in employment agreements will not be sustained by a court. That usually doesn't give much help with the cost of the legal fees in order to prevail. : The situation may not be hopeless, I haven't meant to say that. The starting point is the agreement or agreements. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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