After years of marketing activities, TriComp, Inc., has developed a list of leads or potential customers. The
Question:
After years of marketing activities, TriComp, Inc., has developed a list of “leads” or potential customers. The VP of Marketing, Leslie Royal, has access to the list, but the marketing representatives do not. Instead, Leslie gives each marketing representative 50 names to contact personally each week and expects them to generate sales each week subject to a quota. One of the marketing reps, Rachel Peters, left TriComp two weeks ago to join CompsRUs, one of TriComp’s competitors. Her replacement, Megan Upchurch, was given a list of the contacts Rachel was supposed to be working on for TriComp. Megan has reported to Leslie that all of the contacts have signed agreements in the last week with CompsRUs and further investigation has revealed that Rachel gained access to the entire marketing list on the computer network somehow. When she took the job, Rachel signed a non-compete agreement restricting her from working for a competitor for a period of six months if she left.
If TriComp wanted to sue Rachel Peters for a breach of a non-compete agreement, is this lawsuit likely to be successful?
If TriComp wanted to sue Rachel Peters for misappropriation of trade secrets, is this lawsuit likely to be successful?