Deposition Questions
(Trade Secret Misappropriation and Breach of Restrictive Covenant Action) (Plaintiff Employer to Defendant)

Summary

This deposition outline contains essential deposition questions to a defendant in a trade secret misappropriation action and/or a breach of restrictive covenant case—including non-competes, customer and employee non-solicitation agreements, and confidentiality agreements. This template includes practical guidance, drafting notes, and alternate and optional clauses. The deposition questions in this template are provided by way of example only. Each question should be followed with appropriate further inquiry. You should review all rules concerning depositions applicable in the jurisdiction where your case is pending. For resources on employment litigation and discovery, see Employment Litigation Resource Kit, and Employment Litigation Discovery Resource Kit. For a full listing of key content covering restrictive covenant considerations, see Restrictive Covenants Resource Kit. For a full listing of key content covering depositions in employment cases, see Depositions in Employment Cases Resource Kit. These annotated deposition questions do not cover all potential state law distinctions concerning restrictive covenants and trade secret protection. You should check any relevant state and local laws. For detailed information on state laws concerning restrictive covenants and trade secrets, see Non-competes and Trade Secret Protection State Practice Notes Chart. For additional information on restrictive covenants and trade secrets, see Non-compete Agreements: Key Negotiation, Drafting, and Legal Issues; Non-compete Agreements Checklist (Best Drafting Practices for Employers); Customer and Employee Non-solicitation Agreements: Key Negotiation, Drafting, and Legal Issues; Non-disclosure Agreements: Key Negotiation, Drafting, and Legal Issues (Pro-Employer); Confidentiality Agreements Checklist (Best Drafting Practices for Employers); Trade Secret Fundamentals; and Restrictive Covenants: Enforcement Tips. For sample annotated document requests and interrogatories to a defendant in trade secret misappropriation and/or breach of restrictive covenant action, see Document Requests (Trade Secret Misappropriation and Breach of Restrictive Covenant Action) (Plaintiff Employer to Defendant) and Interrogatories (Trade Secret Misappropriation and Breach of Restrictive Covenant Action) (Plaintiff Employer to Defendant). [>] Videos. For a video suite on employment litigation depositions, see Depositions of Plaintiff Employees Video, Depositions of Supervisory Witnesses Video, and Depositions under Rule 30(b)(6) in Employment Cases Video.