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Damien Bosco
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I am a former employee from Company A while worked on project

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I am a former employee from Company A while worked on project for customer Company B. Now I am working with Company C, which is a competitor to A. I accidentally uploaded one document which the copy write is belong to A, and this document containing confidential information of B in specific project. I intended to upload another file but made mistake as I was distracting by other things and I even did not notice the mistake until A send a notice to me and my currently employer C, stating that I violated the confidential agreement with A. What they want by now is that I should return all the copies I have to A. And me and C should both state whether I leak confidential information from A to C, which is NOT. A said B is very very angry about it and it was actually B found out about the uploaded document on internet. A said B may contact me and may sue me. If they contact me, how can I avoid B to sue me? and if they sue me, what they will claim? Any one can help me with this situation?
Submitted: 2 years ago.
Category: Business Law
Expert:  Damien Bosco replied 2 years ago.
Welcome!

I am happy to help you. If you need clarification with this answer, hit reply and ask a follow up question prior to providing a rating. Otherwise, after reviewing the answer, please provide a positive rating without additional cost to you so I receive credit for the services I am providing you.

This is complicated so try to follow me. When someone breaches a confidentiality agreement, the aggrieved party (the party that was allegedly hurt) has claims for injunctive relief (e.g., a restraining order to prevent the use of the information) and for damages. If you had an agreement with Company A and you breached the agreement, then Company A could seek injunctive relief and damages. It is more complicated with Company B. It is unclear what confidentiality agreement Company B had with Company A. If there was an agreement, then Company B could sue Company A, and Company A would implead you (include you in the claim). However, even if you are liable both Company A and Company B would have to prove damages. This is usually done by showing how profits or revenue decreased (if they did) due to the breach. For a person to protect themselves in this situation, it is best to attempt to seek a release from liability when settling the matter. For example, if returning the disclosed document is a remedy, the party returning it (you) would attempt to seek a release from damages from Company A. Company B would be more difficult because there was no direct relationship with Company B and you (the alleged breacher of an agreement with A). In any event if Company B wants to sue, they would have to show that they had a confidentiality agreement with Company A and would need to show damages.

Feel free to ask follow up questions before providing a rating. This information provided to you is informative and helpful. If you need clarification, feel free to hit reply so we can work on any clarification prior to providing a rating. Otherwise, please provide a positive rating now without an additional cost to you so I receive credit for the services I am providing to you. I am doing my best to help you. Thank you, Damien

Customer: replied 2 years ago.
So, what I am going to do - returning and delete all copies from A is a right attempt to seek a release from damages from Company A?

But for Company B, they need to prove damage, this is the base for filing a suit? I really do not see what damage I can bring by uploading this doc a week ago. But A said the damage is huge, and already....so what kind of prove can show and evaluate the damage?


If B wants to sue, can B sue me myself only? or has to be me and A together? I ask this because if this sue can only to me, there is reason that A exaggerate this accident to B to avoid bringing suitcase on themselves.


Thanks
Expert:  Damien Bosco replied 2 years ago.
Hi Shuo: I am glad that my answer was informative and helpful to you. Please provide a positive rating without additional cost to you so I receive credit for the services I have provided you.

Company B does not have a claim against you directly unless you signed a confidentiality agreement with them. So, Company B has no cause of action against you individually. Company B would have a claim against Company A if there was a confidentiality agreement between Company A and B. Company A has a claim against you for breach of the confidentiality agreement. If you were represented by counsel, counsel would attempt a release from damages from Company A upon you providing the document to them because they would more likely sign a release before receiving the document. Damages are proven by loss profits. If you believe that Company B cannot show damages, then it is less likely they would sue. If you believe that Company A suffered damages and Company A believe you have money, then depending on how they operate, they could pursue you. If you had a good relationship with Company A and they know your actions were inadvertent (by mistake) then it would be less likely that they would pursue a claim. Only you know enough about their personalities to know what they would do. Legally, I have provided you the best information that would help you in your current situation and you should be relieved that you know the legal implications of this complicated situation.

 

Feel free to ask follow up questions before providing a rating. This information provided to you is informative and helpful. If you need clarification, feel free to hit reply so we can work on any clarification prior to providing a rating. Otherwise, please provide a positive rating now without an additional cost to you so I receive credit for the services I am providing to you. I am doing my best to help you. Thank you, Damien

Customer: replied 2 years ago.
Hi Damien,

Thanks for your answers.


I went to A today return all my copies. A said in my confidential agreement with A, the customer confidential agreement is included, although it is not stating it is B or I signed the contract directly with B. Is this agreement enough to starting a sue from B to me personally?


Thanks,
Expert:  Damien Bosco replied 2 years ago.
Hi Shuo: I am happy the first two answers I provided to you helped you. Please provide a positive rating without additional cost to you for all the time and effort I have spent helping you. From the facts you stated, it still appears that Company B would have to sue Company A first and Company A would have to sue you as part of the suit. As you know, we cannot determine for sure what Company B would do but because you never had a written agreement with Company B, it appears you would have a justifiable defense if they tried to sue you directly. I have done my best to help you through this site and I am sure you appreciate it. Please provide a positive rating now for me. If you have further questions, you can always ask them. Much appreciated, Damien
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 1457
Experience: Helping you with your legal questions.
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Expert:  Damien Bosco replied 2 years ago.
Hi Shuo,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Damien Bosco

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