Sundown Companies v. Bridges

Sundown Companies v. Bridges

In the Circuit Court of Marshall County, Alabama, Case No.: CV2007-000230

Plaintiff Company sued its former employees demanding injunction and monetary relief, in Marshall County. Brinkley represented the Defendants. The Plaintiff alleged the Defendants had electronically stolen trade secret information. The Defendants had never signed non-compete or non-disclosure agreements. Circuit Judge Tim Jolley denied the request for injunctive relief noting the Plaintiff Company did not use reasonable steps to protect the trade secret information. Further he distinguished between “head knowledge” and “trade secrets”. Finally he found that the Defendants acted lawfully in leaving as they did. The Court said an employee may form a rival corporation while still employed, and an employee can use an insignificant amount of company time to engage in preparatory activities and has no duty to give advance notice to the employer of his intentions. The Plaintiff appealed the trial Courts ruling yet the Court of Civil Appeals affirmed Sundown Co. v. Bridges 30 So. 3d 466 (Ala. Civ. App 2008)