Legal Question in Intellectual Property in Ohio

executive contract negotiator goes over to the dark side

an executive of a physician group practice has, during the course of his responsibilities, negotiated participation agreements (i.e. discount arrangements) between the group and the major insurance companies which are favorable to the group. the executive leaves employment and sets up a private ''negotiator'' corporation. the executive enters into an independent contractor relationship with one or more of those insurers. in that capacity and on behalf of the insurers, the executive re-negotiates participation arrangements with that group practice. the group practice argues that the executive has violated trade secret laws by virtue that the executive's prior knowledge of the group practice's financial situation and management thought processes make that knowledge protected trade secrets and the executive's action an interference with existing business contractual relationships.

do you have any case law similiar to this and /or what do you think about the merits of the group practice's arguments?

i will appreciate any incites you would offer.


Asked on 4/04/03, 12:18 am

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: executive contract negotiator goes over to the dark side

This is one of the most litigated areas of IP law today. A number of senior executives have been prohibited from taking new employment because of the conflict of interest. Talk toan Ohio attorney. You probably have a good case for an injunction to cease and desist annd to void the agreements and to sue for monetary damages.

Patrick Tracy

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Answered on 4/04/03, 6:19 am


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