On 6/28/12 6:38 AM, Peter Gottlieb wrote:
Very true, and in some cases (Texas case) a judge ruled that an employee that
left a firm can never work in that same field again for the rest of their life
due to both positive and negative knowledge.
Not in California, where such agreements are specifically prohibited by law.
And, for that matter, the later legal strategy calling out "inevitable
disclosure" (that is, that if you work in the same field you will
inevitably disclose something that is trade secret) has been held
invalid in a variety of courts.
This doesn't stop company A from threatening to sue Company B who wants
to hire someone from Company A, but it turns the threat into nothing, if
Company B's lawyer writes a nice letter citing the half dozen or so
cases to Company A's lawyer. In effect telling A, "pound sand with your
stupid extortion"
It *is* still effective in the old boys network.. executive from company
A mentions to executive from company B, "you know, if you hire good ol'
Bob, it could get sticky, legally. You sure you want to take that on."
Of such are things like illegal anti-poaching agreements made and of
such are consent decrees issued.
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