Aspect Software, Inc. v. Barnett

In 2005, Gary Barnett (defendant) became an executive vice president of Aspect Software, Inc. (Aspect) (plaintiff) and was responsible for managing all aspects of the customer-contact-center business, including product development, customer relations, employee recruitment, and general strategic matters. Aspect developed and sold software products and services that allowed the company’s business clients to provide customer service, sales, telemarketing, and other functions directly to customers through contact centers. Aspect maintained numerous trade secrets, including those related to its technologies, proprietary products, timelines for product development, marketing and business strategies, research and development budget and resources, interactions with Microsoft, and negotiations with customers. Barnett signed an employment agreement that contained a noncompetition agreement (NCA). The NCA provision required Barnett to acknowledge the company’s trade secrets and, for one year following termination of employment, restricted Barnett from participating in any business in which he would be “reasonably likely to employ, reveal, or otherwise utilize” the company’s trade secrets. In April 2011, Barnett was offered and accepted employment with Avaya, a global telecommunications company that was one of Aspect’s main competitors. Barnett agreed to be the general manager of Avaya’s contact-center business unit, performing the same kind of work he had done at Aspect. Avaya was aware of Barnett’s NCA and took certain steps for Barnett to avoid sharing Aspect’s trade secrets. For example, Barnett’s boss wrote Barnett an email directing him to “not disclose” any part of Aspect’s business to anyone at Avaya. Aspect sued Barnett, claiming breach of the NCA. Aspect moved for a preliminary injunction to enforce the NCA and stop Barnett from working for Avaya. Barnett primarily argued that the NCA’s prohibition on working in a business where he would be “reasonably likely” to use Aspect’s trade secrets was vague and ambiguous.