Legal Question in Business Law in New Mexico

Business Information Ownership

I was recently impacted by a layoff after many years of service. I was offered and refused a severance package which traded my silence for cash payment and the certified return of all company materials in my possession. I my opinion, my employer was involved in illegal and unethical activities. As it stands, I have no non-compete or non-dislosure agreements with my employer and I have retained sufficient documentation to use in my defense should future litigation arise. The information I have is uncontrolled and not labeled proprietary or confidential however it does have standard corporate logos and titles. It was not taken, or stolen from the company. It was copied at my expense for use in performing my company oligations while working at home which was fine with the company at that time. I have recently discovered an opportunity to compete with my employer. Upon their discovery of me as a potential competitor, I have been threatened that should I elect to compete I will be enjoined over my possession of the documents. Can these documents be legally taken from me? Can I use them for my defense in the event of litigation? Can they be used for other business purposes (no trade secrets are in these documents)?


Asked on 3/19/04, 10:13 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Business Information Ownership

Such cases can be tricky, as the information originated with your ex-employer, and was obtained by you in the course of your employment and a part of your employment. Ownership by the company does not seem to have been transferred to you in any way. If litigation results you can obtain the documents in the course of discovery. You may call if you wish to discuss this potentially complicated subject further.

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Answered on 3/20/04, 11:12 am


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