Scherer Design Group, LLC v. Ahead Engineering LLC

Engineering firm sues former employees who stole trade secrets, obtains preliminary injunction. Former employees: But the firm only discovered the alleged treachery by accessing one former employee’s social media and bank accounts (via the employee’s company laptop). The doctrine of “unclean hands” prevents the firm from benefiting from such an unconscionable act. Third Circuit: Accessing the accounts isn’t what caused the ex-employee to breach his duty of loyalty, so unclean hands doesn’t apply. Dissent: This may be the right outcome, but the firm’s conduct was sufficiently offensive that the district court should take another look.

Tags: 2019, Preliminary Injunction, Remedies, Third Circuit

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