Brattleboro, VT, April 18, 2002 — The Vermont Supreme Court recently affirmed the judgement entered in favor of Chroma Technology Corp. that the Chroma defendants did not violate any legal obligation to their former employee when they founded a competing business in 1991. In so doing, the Court clarified the law in the State of Vermont on the important issue of when and how employees may go into direct competition with their employers. Prior to this decision, no case in Vermont had squarely addressed the issue since the early years of the 20th century.Heidi Harvey, of the firm of Fish & Richardson P.C., Boston, MA, was leadcounsel for the Chroma defendants at trial and on appeal. She observed, “This decision is an extremely important statement of the modern law inVermont on one of the most difficult issues that faces employees and employers – who has the burden of drawing the line between the employees’general, knowledge, skills, and abilities and the employer’s proprietary information. The Vermont Supreme Court’s places the burden squarely on theemployer to take reasonable steps to protect its information and point out to its employees that it considers the information confidential. The fact that information is valuable does not, by itself, make an employee strictly liable never to use it.”In the action, the former employer, Omega Optical, of Brattleboro, VT, alleged that former employees misappropriated Omega’s confidential information and breached their duties of employment to Omega when they founded Chroma Technology Corp, also in Brattleboro, VT, in 1991 to make optical filters for fluorescence microscopy in competition with Omega and others. Omega sought a permanent injunction and $20 million in damages from Chroma. After a 22-day bench trial in 1999, the Superior Court foundin favor of the Chroma defendants.On appeal to the Vermont Supreme Court, Omega asked the Court to hold that employees who acquire valuable information in the course of their employment “owe a duty of confidentiality to the employer merely by virtue of their status as employees, regardless of whether the employer has done anything either to protect the information or to communicate to the employees the confidential and proprietary nature of the information.” Omega also asked the Court to hold that former employees “continue to owe a duty of loyalty, including refraining from competition with their former employer, after they leave employment.”The Vermont Supreme Court rejected both arguments, noting that “[Plaintiff’s argument] is simply at odds with the case law, which requiressomething more than the mere employer-employee relationship to establish a duty of confidentiality.” The Court also noted that “[Plaintiff] cites no authority for the proposition that at-will employees continue to owe a duty of loyalty to a former employer, even after they have left that employment, that constrains them from ever acting to the detriment of that employer. Such a common law duty would prevent an employee from ever going to work for a competitor even in the absence of an agreement not to do so, an anomalous result.”
New Delhi: Manchester City stormed back to the top of the Premier League with a 3-1 derby win at home to Manchester United as Liverpool maintained their title challenge to the champions with a 2-0 victory over Fulham. Chelsea, like the top two, remain unbeaten under Maurizio Sarri but lost ground in a goalless draw at home to Everton on Sunday. Arsenal also missed the chance to leapfrog North London rivals Spurs into fourth and needed Henrikh Mkhitaryan’s late equaliser to salvage a 1-1 draw with Wolves at the Emirates. Read More |ISL 2018: FC Goa beat Kerala Blasters 3-1 in KochiCity remain two points clear of Liverpool, but open four-point gap on Chelsea. A fourth league defeat of the season leaves United languishing in eighth, 12 points off the top. Read More | Bulgaria boxers, Stanimira and Stoyka Petrova struggle in Delhi smogGoals early in each half from David Silva and Sergio Aguero left City in a commanding position before an Anthony Martial penalty gave United hope of a comeback. But Ilkay Gundogan put the result beyond doubt four minutes from time with a third goal that crowned a sublime 44-pass move. “I think Man City right now and Liverpool, Chelsea, and even Arsenal and Tottenham, I think they have numbers to be champion, not just City. We’re just two points in front,” said City boss Pep Guardiola. “What is important is that we are consistent, that we play most of the time good, and always I see many things that we can improve.” ‘Fight for top four’ United manager Jose Mourinho accepted his side are now just fighting to try and make the top four having finished second to City last season. “Since the beginning of the season, we knew that our second position last season was a fantastic achievement for us, and this season we are going to fight for the top four,” said Mourinho. “To speak about the title you need to be in the top positions. So let’s fight to close the gap and jump into the top four, if one day we jump into the top four, we’ll see what the difference is.” United scored twice in the closing five minutes to secure a hard-fought 2-1 win away to Juventus in the Champions League on Wednesday, while City thrashed Shakhtar Donetsk 6-0 at the Etihad. And Mourinho used his side’s tougher preparation to excuse the gulf in class. “Everybody has to agree, it is one thing to go to Juventus and play against one of the best teams in the world for 90 minutes, another thing to beat Shakhtar Donetsk at home 6-0 and be very relaxed,” said Mourinho. “We arrive in different circumstances.”Earlier, Liverpool briefly went top by inflicting Fulham’s seventh straight defeat at Anfield. But they needed a huge slice of luck in 14 seconds that completely changed the game shortly before the break. Aleksandar Mitrovic headed home for the visitors only to be wrongly ruled offside.The hosts quickly broke upfield as Alisson and Trent Alexander-Arnold freed Mohamed Salah to score his eighth goal of the season. “The most important thing is reacting in a situation like that and that was brilliant. Allison, Trent, Mo and done, it was a fantastic situation,” said Liverpool manager Jurgen Klopp, whose side put the result beyond doubt when Xherdan Shaqiri made it 2-0 in the 53rd minute. Chelsea dominated possession at Stamford Bridge, but could not find a way past the inspired Jordan Pickford in the Everton goal to leave Sarri frustrated. “At the beginning we moved the ball too slowly, so it is easy for the opposition to defend and impossible for us to be dangerous,” bemoaned Sarri. Arsenal were in danger of defeat for the first time since August after falling behind to Ivan Cavaleiro’s 13th-minute goal before Mkhitaryan came off the bench to rescue a point for the Gunners. For all the Latest Sports News News, Football News News, Download News Nation Android and iOS Mobile Apps.