Example 2 (Former Employer’s Documents and Files):
James Hightower has been employed by Jason Investment Management Corporation
for 15 years. He began as an analyst but assumed increasing responsibilities and is
now a senior portfolio manager and a member of the firm’s investment policy committee.
Hightower has decided to leave Jason Investment and start his own investment
management business. He has been careful not to tell any of Jason’s clients that he is
leaving; he does not want to be accused of breaching his duty to Jason by soliciting
Jason’s clients before his departure. Hightower is planning to copy and take with him
the following documents and information he developed or worked on while at Jason:
(1) the client list, with addresses, telephone numbers, and other pertinent client
information; (2) client account statements; (3) sample marketing presentations to
prospective clients containing Jason’s performance record; (4) Jason’s recommended
list of securities; (5) computer models to determine asset allocations for accounts
with various objectives; (6) computer models for stock selection; and (7) personal
computer spreadsheets for Hightower’s major corporate recommendations, which
he developed when he was an analyst.
Comment: Except with the consent of their employer, departing