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Case Study Assignment (Week 5)
Q 1. What was Gilbert not found to have violated the fiduciary duty to his former employer?
2. Why was he not found to have misappropriated trade secrets? That would also have been a breach of the fiduciary duty.
Gilbert v. Otterson, 550 A.2d 550 (PA, 1988) Fact Harry Otterson was the owner of the Gettysburg Exterminating & Lawn Care Company, and, Donald Gilbert was the employee over there. Gilbert resigned from the job and open a new business of his own, which same as the business of Otterson. Gilbert started his business in the year 1985, under the name and style of Fairfield Pest Control Corporation (Mayer, Warner, Siedel & Lieberman, 2019).
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