Legal perspectives for employees and employers
By John T. Bender
Departures of key employees in Washington raise complex legal issues. Employees moving to a new company can face legal exposure for misappropriation of their former employer's trade secrets. Employers can be both the victim of a former employee's misappropriation and vicariously liable for a new hire's conduct. The features of Washington law in this area warrant the exercise of caution by all sides.
The purpose of this site is to address the trade secret issues faced by employees and employers in the case of a departing employee. The content is provided for informational purposes only. It is not legal advice and does not create an attorney-client relationship.
The exposure a departing employee actually faces in Washington — memorized information, general skill versus protectable secrets, and the conduct that turns a defensible move into a losing case.
Read →02Protecting and enforcing trade secrets after a key employee leaves — establishing the secret, identifying it with particularity, remedies, forensics, and what the loss of noncompetes means.
Read →03The sometimes-overlooked exposure that comes with hiring from a competitor — vicarious liability, the DTSA notice trap, the limits of inevitable disclosure, and clean-hands onboarding.
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