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Injunction

Injunction granted against former employee who, among other things, refused to surrender proprietary information after he left the company

The law recognizes that an employer has a right to protect its intellectual property. Therefore, it was not surprising to read a recent federal court decision granting an injunction that required a former employee to: (1) maintain the status quo on his electronic devices; (2) produce all such devices for data imaging; (3) compel him to appear for an exit interview; and (4) prohibit the former employee from disclosing  any confidential information.

The company was a start-up business whose future success, it argued to the court, depended on its ability to timely deliver functional products to its initial clients.  In granting the injunction, the court noted that the former employee: (1) had access to the company’s computer systems and protected information during his employment; (2) refused to return all proprietary and confidential information upon the termination of his employment; (3) shared details of his work product with prospective clients during unauthorized meetings; and (4) caused the company harm by forcing it to spend significant time and and effort to interpret the software code the former employee had developed. iQuartic, Inc. v. Simms.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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