[WSBARP] Off Topic Question

[Jeff at bellanddavispllc.com]

Can knowing who the suppliers are be use of confidential/proprietary
information?  The suppliers sell to anyone willing to buy and my
understanding is most purchases are over the internet.  It is not like the
old days when salesmen, from the suppliers, stop buy with the sales pitch.
I was thinking about a tortious interference issue, but the former store was
closed, so no interference.  When a store closes, do they have some right to
stop competition that fills the void, even if they intend to reopen at some
later date?  

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
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info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jimmy Garg
Sent: Tuesday, January 31, 2023 9:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off Topic Question

 

Maybe Tortious Interference; use of confidential and proprietary information
(even without non-compete); solicitation.  Problem would be if the store was
closed when your PC opened, I'm not sure other company can allege they have
damages.  They were shut down already.  Unless they have some special IP the
former employee is using that they still owned.

 

Jimmy Garg, Esq.

Jimmy Garg, PLLC

300 Lenora Street # 1063
Seattle, WA 98121 

206-580-3790 (p) 206-736-3218 (f)

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, January 31, 2023 9:11 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Off Topic Question

 

Listmates:

 

Retail Store closes in mid-2022.  It apparently was looking to sell, but
nothing happened.  Many months later, former employee opens a similar
business about 5 miles away under a different name.  It now appears the
retail owner may want to reopen later this year and has started threatening
the former employee with a lawsuit.  No non-compete agreement was ever
signed.  Retail owner is saying the former employee cannot use the same
suppliers.  

 

I see no prohibition with former employee opening a competing business or
using the same suppliers, absent a non-compete agreement.  Are there some
other theories under which the former employee can be forced to close?  

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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