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Idea for employment agreement: Departing employee must explain where s/he stored proprietary information

In a Massachusetts departing-employee case, the employment agreement required the employee to provide the employer with (in the court’s words), “information about client accounts and agree­ments, as well as a written explanation of the locations on the company computers where he had stored proprietary information.” EventMonitor, Inc. v. Leness, No.SJC-11920, slip op. at 8-9 (Mass. Feb. 4, 2016).

(In that case, the state supreme court affirmed judgment that a departing senior executive had not engaged in “defalcation” of the former employer’s proprietary information, because the former executive had not misused or deprived the company of the information.)

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