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> So in this case he is taking some "secret sauce", which can be disclosed without ever being able to prove that it was. Then Amazon should be suing for breach
by jacques_chester 6y ago
> So in this case he is taking some "secret sauce", which can be disclosed without ever being able to prove that it was.
Then Amazon should be suing for breach of NDA. In the article Corey points out that these are enforceable in all US states.
- cle 6y agoHow would Amazon prove such a breach occurred? (I believe that NCs are net negative, but I'd imagine that it's hard to get evidence of an NDA breach in these circumstances.)
- akiselev 6y agoSame way every other company does. They just need to provide enough evidence to justify discovery, at which point they get access to internal emails and other normally confidential information if they can demonstrate they may contain relevant evidence.
- jacques_chester 6y agoThey'd need evidence that a breach occurred. Right now they can instead imply that a breach might occur, without producing any solid or even circumstantial evidence. Put otherwise: they are using the non-compete to try and achieve the ends of an NDA, without the hassle of proof.
- darkerside 6y agoCorrect. Why shouldn't they do this? That's why they have the noncompete in the first place.