Liability of ex-employees for breach of confidence: Vestergaard Frandsen v Bestnet Europe
The UK Supreme Court just released a decision examining the scope of the common law (or equitable) duty of confidence. One of the main issues in the case was whether a person can be liable for breach of confidence by acting in common design with others who are in breach of confidence when the person is not aware that trade secrets are being used in violation of the duty of confidence. The Court in Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013) ruled that liability cannot be imposed in these circumstances.…