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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2211
Experience:  Experience in general business transaction and formation matters.
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I was a partner in a consulting business. My partner asked

Customer Question

I was a partner in a consulting business. My partner asked me to resign. I did not have a formal non disclosure agreement. A competitor offered me a job. Can my ex partner still take me to court for sharing privileged information?
Submitted: 7 months ago.
Category: Business Law
Expert:  J. Warren replied 7 months ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Potentially yes under the theory of implied duty of loyalty that imposes the obligation to maintain confidential trade secrets, that is information not generally known or reasonably ascertainable that business can obtain an economic advantage over competitors and/or customers. Suing you and proving you are liable for breaching a duty of loyalty are two different things. The partner would have to convince a trier of fact that you divulged trade secrets which may be difficult to prove. The mere fact you work for a competitor, absent a non-compete agreement is not enough. All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 7 months ago.
And what about taking a job with the competitor? Is it an issue if I take a role outside of product development?
Expert:  J. Warren replied 7 months ago.
Absent a non-compete agreement employment with a competitor is not actionable. Even if a role is in product development is not actionable only if trade secrets are revealed to the new employer. All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating!
Expert:  J. Warren replied 7 months ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).