Company Secret

[Zigner]

"Sorry, not buying what you're selling for a second"

If only I could bet you. Any amount you'd like! Put your money where your mouth is! I will have my atty friend contact you with proof. I will not reveal the details in a random online forum.

CBG, are you even a lawyer? Your profile says, "HR Consultant." Why are you even commenting at all? You don't have the answer and as far as I can tell you're not even an atty.

Is it normal to call people liars in this forum?

Why would anyone come here for advice?

And let me also clarify, nothing in the FreeAdvice policy precludes me from posting the question I posted. It's a valid legal question. Just because you can't answer the question, doesn't make it a bad question.

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[JasonKal]

IMPORTANT NOTICE
FreeAdvice.com has been providing millions of consumers with outstanding information and "advice" free since 1995 with thousands of professionally prepared and reviewed articles, questions and answers in more than 100 categories in the Question and Answer pages at FreeAdvice.com. THE VIEWS EXPRESSED ON THIS AND OTHER FORUM PAGES WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM and are provided AS IS. The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums. Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.

Yes, I can read and I read that. What's your point? Where does it say I cannot post a legal question to this forum if I have an atty I communicate with? Where does it say I violated any term or condition? Random.

 

[JasonKal]

The state is relevant because the unauthorized disclosure or misappropriation of a trade secret can be a crime under state laws, as well as federal laws.

Even with no legal agreement signed and in place, courts recognize a "duty of trust" existing in some business relationships (a fiduciary relationship). If you were to disclose company secrets, the company could take you to court and be awarded damages based solely on this breach of duty. These are usually civil claims but criminal prosecutions are not unheard of.

You should consult with an attorney in your area who is well-versed in trade secret laws. The attorney will, no doubt, discourage you from publicly publishing the company recipe.

Massachusetts

 

[JasonKal]

The state is relevant because the unauthorized disclosure or misappropriation of a trade secret can be a crime under state laws, as well as federal laws.

Even with no legal agreement signed and in place, courts recognize a "duty of trust" existing in some business relationships (a fiduciary relationship). If you were to disclose company secrets, the company could take you to court and be awarded damages based solely on this breach of duty. These are usually civil claims but criminal prosecutions are not unheard of.

You should consult with an attorney in your area who is well-versed in trade secret laws. The attorney will, no doubt, discourage you from publicly publishing the company recipe.

And thank you for the professional response. Sincerely.

 

[quincy]

Yes, I can read and I read that. What's your point? Where does it say I cannot post a legal question to this forum if I have an atty I communicate with? Where does it say I violated any term or condition? Random.

You can post a legal question. This forum requires of all posters that they post their state name with the question. You were told this several times. Thank you for providing your state.

If a poster already has an attorney working for him, no one on this forum will second-guess the advice or information provided the poster by that attorney. That attorney has access to more facts than we can gather in a forum setting. If you have an attorney, rely on his advice. If you don't have an attorney and do not like the responses you are receiving on this forum, a solution is to leave the forum and find an attorney in your area who will answer all of the questions you have.

From what you have posted, though, I feel it would be legally foolish for you to publish a trade secret. I can look for Massachusetts-specific laws that are applicable. Thank you for the thanks.

 

[Silverplum]

Massachusetts

Quincy would have known that already, had many posts not been removed at OP's request.

Q, you may wish to review history to decide how much of your time you wish to donate.

 

[Silverplum]

I'm not asking you or anyone else to do research. What gave you that idea? I posted a question thinking if someone had the answer, it would have been interesting to hear. It's a legit question and a serious one. I would think any business attorney would be interested in the answer.

Why is it whenever I post here, which is rare, I get obvious attitude and a bunch of snippy comments. This website is called FreeAdvice.com not FreeAdviceAsLongAsYouHireMeAndPayMeOrI'llBeCondescendingAndSnippy.com. If you don't know the answer or can't offer constructive advice, you don't have to comment.

Look what you've done, now I'm being snippy!

See, I answered this question with an entirely reasonable and explanatory answer. It reported. Then I/we get this back.

All that reporting has got you down, I see.

 

[quincy]

Quincy would have known that already, had many posts not been removed at OP's request.

Q, you may wish to review history to decide how much of your time you wish to donate.

I came to this thread late but I sort of figured there were more than a few (informative) posts missing. Thanks, Silverplum.

 

[JasonKal]

You can post a legal question. This forum requires of all posters that they post their state name with the question. You have been told this several times already. Thank you for providing the state.

If a poster already has an attorney working for him, no one on this forum will second-guess the advice or information provided the poster by that attorney. That attorney has access to more facts than we can gather in a forum setting. If you have an attorney, rely on his advice. If you don't have an attorney and do not like the responses you are receiving on this forum, a solution is to leave the forum and find an attorney in your area who will answer all of the questions you have.

From what you have posted, I feel it would be legally foolish for you to publish a trade secret. I can look for Massachusetts-specific laws that are applicable. Thank you for the thanks.

I want to remain anonymous, so I didn't want to release the state. In hindsight, I guess not a big deal. I was also considering the fact that the company is now owned out of a western state, not Mass so I'm not sure which state would apply.

When I speak of having a lawyer, it's not like I have him on retainer. He's more of a family friend. I emailed him the question earlier today and haven't heard back. I think you're right however, I think he'll say something like, if you want me to research, I'll do it at a cost but my advice is to keep company secrets confidential.

I'm not at a point where I want to invest money into this. And that's not to say I expect anyone here to work for free. I viewed this forum as a place where you could pose legal questions and lawyers, if interested and knowledgeable on the subject could offer their advice or point to specific laws that would apply. I did not see it as a place where I would be called a liar over and over. I didn't think I would receive one condescending comment after another. I'm extremely disappointed with the lack of professionalism I found here. You are the exception.

I've also written to the administrators of the website asking them to add a feature that would allow for the rating of advisers or the rating of their responses. I think that would weed out the folks that have nothing better to do than be disrespectful to the folks coming to this site for advice. In my case, it's a frivolous thing. Thank god I'm not coming here because I have a serious legal issue.

 

[Silverplum]

I want to remain anonymous, so I didn't want to release the state. In hindsight, I guess not a big deal. I was also considering the fact that the company is now owned out of a western state, not Mass so I'm not sure which state would apply.

When I speak of having a lawyer, it's not like I have him on retainer. He's more of a family friend. I emailed him the question earlier today and haven't heard back. I think you're right however, I think he'll say something like, if you want me to research, I'll do it at a cost but my advice is to keep company secrets confidential.

I'm not at a point where I want to invest money into this. And that's not to say I expect anyone here to work for free. I viewed this forum as a place where you could pose legal questions and lawyers, if interested and knowledgeable on the subject could offer their advice or point to specific laws that would apply. I did not see it as a place where I would be called a liar over and over. I didn't think I would receive one condescending comment after another. I'm extremely disappointed with the lack of professionalism I found here. You are the exception.

I've also written to the administrators of the website asking them to add a feature that would allow for the rating of advisers or the rating of their responses. I think that would weed out the folks that have nothing better to do than be disrespectful to the folks coming to this site for advice. In my case, it's a frivolous thing. Thank god I'm not coming here because I have a serious legal issue.

I told you that I would not do research for free for this issue. You reported my post. Then had a fit and said you never asked anyone to do research. Now you admit it would take research, and you would like for US to do it.

 

[Zigner]

In my case, it's a frivolous thing. Thank god I'm not coming here because I have a serious legal issue.

I think that we (collectively) do pretty darn well at weeding out the frivolous requests from the serious ones.

 

[JasonKal]

I told you that I would not do research for free for this issue. You reported my post. Then had a fit and said you never asked anyone to do research. Now you admit it would take research, and you would like for US to do it.

Listen, Silverplum, you have issues. #1, I NEVER reported you. I wouldn't even know how to do that. #2, I never asked anyone to do research and I'm still not asking. What are you not getting??? If someone here (clearly NOT you) has the answer, great!!! If not, no big deal - move on!

 

[JasonKal]

I think that we (collectively) do pretty darn well at weeding out the frivolous requests from the serious ones.

What exactly are you talking about Zigner? How many people do I need to argue with at the same time? Who is we? Do you own the site? When I refer to "frivolous," I'm referring to the fact that the premise of my question was based on me starting an eBay auction to sell a valuable company secret. I'm not getting sued and I don't need to sue anyone. Asking if I can legally sell a company secret, in my case is a frivolous thing. I'm not hard-up for legal advice. Your comment was misguided and once again off topic and confrontational.

 

[quincy]

I want to remain anonymous, so I didn't want to release the state. In hindsight, I guess not a big deal. I was also considering the fact that the company is now owned out of a western state, not Mass so I'm not sure which state would apply.

Both the laws of the western state (which state?) and the laws of Massachusetts would need to be considered. You could be held accountable for the disclosure of trade secrets in either state, the state where you reside or the state where the company is located.

When I speak of having a lawyer, it's not like I have him on retainer. He's more of a family friend. I emailed him the question earlier today and haven't heard back. I think you're right however, I think he'll say something like, if you want me to research, I'll do it at a cost but my advice is to keep company secrets confidential.

I think any attorney you contact will advise the same.

I'm not at a point where I want to invest money into this. And that's not to say I expect anyone here to work for free. I viewed this forum as a place where you could pose legal questions and lawyers, if interested and knowledgeable on the subject could offer their advice or point to specific laws that would apply. I did not see it as a place where I would be called a liar over and over. I didn't think I would receive one condescending comment after another. I'm extremely disappointed with the lack of professionalism I found here. You are the exception.

I am not really "the exception." Most of the volunteers on this site are willing to do some research and provide legal information and advice, if they see that the poster is sincerely looking for accurate legal information and advice, and if they see that the legal information and advice will be graciously accepted (even when the information and advice provided is not exactly what the poster was looking for or hoping for). Free advice is funny that way. When you are the recipient of ANYTHING that is free, it is generally smart to accept what is given with a "thanks" and a smile (and then throw away the free stuff you don't want - preferably when the donor's back is turned ).

I've also written to the administrators of the website asking them to add a feature that would allow for the rating of advisers or the rating of their responses. I think that would weed out the folks that have nothing better to do than be disrespectful to the folks coming to this site for advice. In my case, it's a frivolous thing. Thank god I'm not coming here because I have a serious legal issue.

What many visitors to this site too often don't appreciate is that the views held by many of the forum members and expressed in their comments will often mimic the views that can be held by the attorneys, law enforcement officers, prosecutors, employers, courts or juries who are asked to assess the legal issue presented by the poster.

I do not especially like rating systems because they can be manipulated. You have the option on this site of "liking" responses, however, if you wish to take advantage of that feature.

 

[Zigner]

What exactly are you talking about Zigner?

We weeded out your frivolous query, which allowed us to better use our resources for people who actually have serious legal issues.