Law in Business
Source: Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
This article primarily focuses on how employees should treat trade secrets legally. The authors argue that as agents or former agents of companies, employees should not disclose trade secrets or any other important confidently information to anyone. Neither should they use it. However, an employee is free to utilize general skills, knowledge, and/ or experience that he or she may have gained on a current or former job without being accused of trade secret misappropriation. This law is related to two legal concepts: employee mobility and protect competition. Nevertheless, the difference between general knowledge and trade secrets is usually not clear. Even the courts in different jurisdictions have not be consistent about what is what between the two. In this article, the authors document the results of a study that was undertaken to investigate the factors that most courts often use to differentiate between trade secrets and general knowledge in related cases.
This article is legally important since it addresses trade secrets law and the agency law. An agency relationship is one in which there is a principal on whose behalf and benefit an agent acts. Normally, the principal freely chooses an agent to act on their behalf. The choosing is essentially the delegation of authority to the agent to make him or her able to do some things legally for the principal. The delegation of authority could be actual or could be through the principal’s actions that may lead a third party to believe that an agent has the authority to do something on behalf of the principal.
An employee’s right to utilize their skill, experience...
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Wikipedia.org/wiki/Manager, last accessed on September 28, 2007 Mark Hillon, Chaos and Complexity, Storytelling Organization, http://www.horsesenseatwork.com/psl/pages/chaosdefined.html, last accessed on September 28, 2007 David E. Wojick, Chaos Management and the Dynamics of Information: A New way to Manage People in Action, Washington DC, http://www.bydesign.com/powervision/Mathematics_Philosophy_Science/Chaosman.html, last accessed on September 28, 2007 Scott Love, October 13, 2004, Chaos Management for the Resilient Leader, Asheville, http://www.expertclick.com/NewsReleaseWire/default.cfm?Action=ReleaseDetail&ID=7315,last accessed on September 28, 2007 Robert Heller, July 8, 2006, Entrepreneurial Management: What's
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