Legal Question in Business Law in New York

Inside info

I recently asked a former coworker for some advice and information that might help me in a new job. The person wound up forwarding contract templates to her home email address and then to me. I then found out she was terminated although her dept was set to be laid off in 3 weeks regardless. I feel awful because its not what I intended. I haven't worked there in months but received info yesterday. I deleted the it because its not worth it. Is there any legal recourse they can take against me? I didn't have a non-compete clause.


Asked on 8/16/07, 8:03 am

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Inside info

You need to hire a lawyer to see you through this mess -- and a royal mess it is, too. Theft of trade secrets (which is what comes screaming out of your story) is not only actionable in a civil court (business tort), but may be criminally actionable (jail time, fines,...).

Hire a lawyer. Hire a lawyer. Hire a lawyer. Hire a lawyer. I'm not a criminal lawyer, nor do I handle many business torts, so don't necessarily hire me, but hire a lawyer.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/22/07, 3:45 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Inside info

It depends on what the nature of the forwarded materials was. In law, lawyers will forward motions and briefs as well as other forms to each other all the time. If the type of thing forwarded did not include trade secrets or was not copywrited, you are probably safe. It was an error to delete it however. If you are sued you will be accused of having a guilty conscience. Better would have been to see an attorney. Offer to have him return it or to agree with the company that you can delete it. After review, he may have advised that it was not the type of material which would give rise to a lawsuit and you could have kept it.

Good Luck.

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Answered on 8/16/07, 10:26 am


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