Trade secret litigation in Missouri can be complex. Such suits usually come about when an employee improperly accesses or discloses a trade secret of an employer/company/business. While most cases will center on whether certain information constitutes a “trade secret,” the definition of “misappropriation” is also very precise. Generally, both must be present to prevail on…
Legal Articles
Requests to Seal Court File, Court Record Publicity
Litigation often involves personal, sensitive information. It can also be embarassing or uncomfortable to publicly discuss issues in court filings. It occurs every so often, then, that litigants request that court records be sealed. Missouri law does not favor this. There is a presmpution in favor of court records being open to the public. The…
Employer-Employee Fiduciary Duties, Non-Compete, Non-Solicitation
A fiduciary relationship exists or is established when one reposes trust and confidence in another in the handling of certain business affairs. Every employee owes his or her employer a duty of loyalty. Nat’l Rejectors, Inc. v. Trieman, 409 S.W.2d 1, 41 (Mo. 1966). This makes sense because the employer is paying the employee to carry…
Non-Solicitation Agreements & Contracts
Restrictive convenants — non-compete agreements, non-solicitation, agreements, etc. — are typically only valid to the extent they protect legitimate employer interests. An employer has a legitimate interest in customer contacts because “the influence an employee acquires over his employer’s customers through personal contact.” Scchmersahl, Treloar & Co. v. McHugh, 28 S.W.3d 345, 349 (Mo. Ct. App. 2000)….
Attorney-Client Privilege, Waiver
Although most of the general public is familiar with the concept of the attorney-client privilege, its elements are quite narrow and specific. The attorney-client privilege applies if (1) there is an attorney-client relationship at the time the communication was made or advice was given and (2) relationship existed with respect to the subject matter of the…
Non-Solicitation Restrictions
Non-solicitation clauses are different than non-compete and confidentiality agreements. In short, non-solicitation agreements usually prohibit an agent/employee from contacting customers post employment/work. From experience, Courts are more willing to uphold the validity of non-solicitation clauses, but — like with non-compete and confidentiality provisions — they will only be honored if they are necessary to protect…
When are communications protected by the Attorney-Client Privilege?
The attorney-client privilege attaches when there are (1) communications between (2) attorney and client related to (3) legal counsel. When communications are subject to the attorney-client privilege, then neither the attorney nor the client may be compelled to testify as to the substance of the communication. Do note that the client is the “holder” of…