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RE: Exiting of CSO type employees
From: Mark Teicher <mht3 () earthlink net>
Date: Fri, 17 Feb 2006 20:52:11 -0500

"As part of your employment with <unnamed> corporation, you agreed to it's rules as detailed in the Employee Guide. Among other things, that Guide includes post employment restrictions against disclosing either directly or indirectly "Confidential Information." Confidential information includes customers lists, business plans, product costs and the like.

Under PA law a former employee's disclosure of "confidential information to a new employer that is competes in the same business area violates the Pennsylvania Unfirom Trades Secret Act 12 P.A Cons Stat Sec 5301 -5308. Any violation would constitute a "misappropriation of a trade secret" See Practicioner's Guide to the New Pennsylvania Trade Secrets Law, Bar Quarterly, October 2004. If that information adversely affects the former employer, the employee would be liable under Pennsylvania law for "Tortious Interference With Prospective Business Advantage" "

:)

At 05:23 PM 2/17/2006, Matthew Caldwell wrote:
Mark,

        Not to give you legal advice, however depending on the state
your agreement/employer is from, these types of agreements can rarely be
enforced unless they are compensating you during that time, for that
specific clause. That being said, it would be in the corporations right
to attempt to collect if the agreement was broken usually never taken to
court/mediated and just use it as scare tactics. Long as you don't take
any Intellectual Property your more than likely good to go. We stopped
indentured servitude in the 19th century in the United States.

Matt

Matthew F. Caldwell, CISSP
Office of the CTO IBM/Micromuse
mattc () micromuse com


-----Original Message-----
From: Mark Teicher [mailto:mht3 () earthlink net]
Sent: Thursday, February 16, 2006 2:10 PM
To: security-basics () securityfocus com
Subject: Exiting of CSO type employees

I realize this topic has been discussed on this mailing list before in
the past.  But today's twist is, can corporations enforce any sort of
anti-competitive legal clauses to prevent a non-revenue producing  CSO
(who has been at the company for approximately a year) from going to
work for a competitor or one of their resellers or VARs??
If so, how long can a corporation enforce this type of legal agreement
for ?? (2 months, 1 year, forever?)


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The Norwich University program offers unparalleled Infosec management education and the case study affords you unmatched consulting experience. Tailor your education to your own professional goals with degree customizations including Emergency Management, Business Continuity Planning, Computer Emergency Response Teams, and Digital Investigations.
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