LUKE BRADSHAW, BILL DAVIS, ANDREW POWVIRIYA, ED WONNACOTT, A.W. BRAVIS AGENCY, LLC, AND NOVUS PRODUCTS COMPANY, LLC, APPELLANTS v. ALPHA PACKAGING, INC., d/b/a EDGE MARKETING GROUP, APPELLEE, 2010 Ark. App. 659

Summary

The employer, which manufactured and sold packing and shipping products, formed a new division devoted to point-of-purchase design and sales and hired the former employees to operate the new division. All the employees signed employment agreements that included Confidentiality and Proprietary Information Agreements not to use for themselves or disclose certain trade secrets, including customer lists, confidential information, pricing data or other proprietary data. They also agreed that, upon termination of their employment, they would return all company documents, property, and customer lists. The employees formed their own corporation in competition to the employer and took customer lists, pricing information, and other protected confidential information for their own use. In response to the employees' allegation that their employment agreements lacked consideration because they were signed after they were already employed, the appellate court held that continued employment ...