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Henry Schein, Inc. v. Cook
United States District Court for the Northern District of California
191 F. Supp. 3d 1072 (2016)
Jennifer Cook (defendant) was a sales consultant for Henry Schein, Inc. (Schein) (plaintiff), a distributor of medical, dental, and veterinary supplies. During her employment, Cook signed two agreements obligating her to maintain the confidentiality of information concerning Schein’s products, processes, services, business, suppliers, and customers. In those agreements, Cook also promised not to copy or take any confidential material upon leaving Schein’s employ. Cook resigned and went to work for one of Schein’s competitors. Schein alleged that Cook downloaded a variety of confidential, proprietary, and trade-secret documents to a personal device before she resigned and unlawfully accessed Schein’s computer system after she resigned. Schein moved for an ex parte temporary restraining order (TRO) barring Cook and anyone acting in concert with her from, among other things, accessing or using any of Schein’s confidential or trade-secret information and from contacting or accepting business from any Schein customers who were assigned to Cook during her employment.
Rule of Law
Holding and Reasoning (Tigar, J.)
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