Colorado Non-Compete Law Blog

Colorado Non-Compete Law Blog

Insight and commentary on Covenants Not to Compete (Including Unfair Competition, Trade Secrets & Nondisclosure Agreements)

Category Archives: Trade Secrets

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Customer lists aren’t always trade secrets

Posted in Colorado's Non-Compete Statute, Trade Secrets
In Colorado, employers often claim that noncompetes signed by salemen are enforceable because the company has customer lists and other proprietary information which are trade secrets. Employers resort to the “trade secret” exception in Colorado’s noncompete statute, because many salesman don’t have management responsibilities and the statutory exception for executive and management personnel can’t be invoked.… Continue Reading

First things first; the need to identify the trade secret

Posted in Trade Secrets
Ready, fire, aim. That’s how one commentator describes the mistake often made by many companies when they commence a trade secret lawsuit. What he means is that companies rush to file a lawsuit for trade secret misappropriation when an employee quits and takes a prominent position with a competitor. Immediate action seems necessary to protect the… Continue Reading

A “Referral Source List” as Trade Secret

Posted in Trade Secrets
In a noteworthy, but dated, decision from July 2013, Judge Daniel on the federal district court bench ruled that an employer had failed to prove that a "referral source list" was a trade secret. Accordingly, in Continental Credit Corp v. Dragovich, Judge Daniel held that the employee’s noncompete was not enforceable and denied employer’s motion… Continue Reading

Tenth Circuit rules that price quote not a trade secret

Posted in Trade Secrets
We recently wrote about the Tenth Circuit’s September, 2009 decision in Southwest Stainless v. Sappington, but the decision is worth another look. An issue presented by Southwest Stainless was whether a price quote was a a trade secret. Southwest claimed that a price quote was and asserted a claim for misappropriation of trade secret. The defendant, a… Continue Reading