Last week, American Airlines and one of its former employees, Gailen David, entered in to an agreed permanent injunction which prohibits David from disseminating certain confidential, proprietary or trade secret information through any medium.
The agreed injunction stems from a lawsuit filed by American against David in Texas state court. In an amended complaint filed last June, American accused David of various misdeeds on websites run by him, including publishing confidential passenger travel information about certain individuals.
American’s amended complaint included claims against David for Trade Infringement, Conspiracy, and Misappropriation of Trade Secrets. It also included claims against defendants “John Does 1-10” for Breach of the Duty of Loyalty and Breach of Fiduciary Duty for improperly disclosing certain confidential, proprietary and/or internal business information to third parties, including David.
Although the agreed injunction does not include any admission of wrongdoing or liability, it illustrates the types of issues with which employers are grappling in the Internet age, and it highlights the need for updated confidentiality and social media policies.
- Member of the Firm