Legal Question in Technology Law in Ohio

if an employee of a privately owned software company steals part of the programming and is marketing the program for their own financial gain can the company sue them, and what kind of suit would that be???


Asked on 9/22/10, 8:01 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes. What kind of lawsuit would it be? Probably the successful kind. The expensive kind, too, especially for the defendant.

There are several different types of claims the company could make. Which ones it would pursue would depend upon the facts. It would surely allege copyright, patent and/or trademark violation. It would probably also allege misappropriation of trade secrets. It might allege unfair competition. There may be any number of other specific statutory claims it could make. It could also allege more routine things like fraud, breach of fiduciary duty, breach of contract, trespass to chattels and conversion. The complaint would likely contain many different causes of action, and might allege multiple counts of several of them.

To start off with, though, the company would seek -- and probably get -- an injunction against further use, sale, etc. of its product, as well as an order attaching the former employee's assets pending the outcome of the case.

If you're thinking of doing this to your employer, don't. If you've already done it, start looking for lawyers now. And make sure to save some money for a criminal defense lawyer. You will likely be charged with multiple crimes, and you won't want to rely on a public defender if you can help it.

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Answered on 9/27/10, 8:25 pm


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