Legal Question in Business Law in Pennsylvania

affidavit

I am from South Africa

We deal with a USA multinational. They were approached and been quoted by an ex employee of our Company immediately after he left our employ. The ex employee has signed a secrecy and restraint of trade agreement.

We have a supply agreement and confidentiality agreement with the USA multinational.

The ex employee could only approach and quote on the basis of confidential information derived from our company.

The USA multinational do not wish to give an affidavit regarding the

meetings with the ex employee.

As we are in South Africa we cannot supoena the USA persons.

What can we do ?

Many thanks

Have put my location as UK as there is no South Africa on the list.


Asked on 5/10/07, 6:30 am

3 Answers from Attorneys

Andrew Calvelli Law Firm of Andrew M. Calvelli

Re: affidavit

Your company can institute an action here in Pennsylvania, and then obtain the required information via subpoena and/or the normal discovery procedures.

I am assuming that the former employee engaged in the disputed activities here in Pennsylvania.

I am happy to assist further if needed. My firm has a great deal of experience in these matters.

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Answered on 5/10/07, 9:27 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: affidavit

You asked about prosecuting a case regarding an ex-employee and a USA multinational business partner.

It would be to your business benefit to prosecute the case in your jurisdiction against the employee and in the home jurisdiction of the USA multinational. Both cases could seek equitable (injunction) and legal (monetary) remedies. The case in PA is likely that you would be able to obtain a preliminary injunction against the USA multinational, which should last as long as the case proceeds in SA.

There are US laws, treaties multi-lateral conventions that a person located outside the U.S. may use to prosecute and preserve the rights of those persons dealing with U.S. persons no matter where the event takes place.

Simply put, the U.S. citizens (and businesses) are often held to the standard that applies in the U.S. no matter where in the world they conduct themselves.

I would be happy to speak with you further about this matter.

regards,

Roger

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Answered on 5/10/07, 12:35 pm
John Jackson Law Office of John A. Jackson, P.C.

Re: affidavit

You may not be able to subpoena the US Corporation through a South African Court but why not through a US court? Also what are you trying to compel them to do? Testify at trial? Provide written testimony? You may be able to obtain information through a US Court. You may lose a business customer. This is very interesting. I would be happy to talk about this with you. My e-mail address is below.

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Answered on 5/10/07, 6:48 am


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