Takeaways From UK's Vestergaard Trade Secrets Case

Law360, New York (June 25, 2013, 12:09 PM EDT) -- The U.K. Supreme Court has issued its decision in the case of Vestergaard Frandsen A/S v. Bestnet Europe Limited [2013] UKSC 31, dismissing Vestergaard's appeal and holding that there can be no liability for misuse of confidential information unless and until that information has been acquired, together with reasonable knowledge of its confidentiality.

The Supreme Court's judgment also provides useful guidance on the extent to which terms of confidentiality will be implied into a contract, as well as the limits of invoking liability on the grounds of common design. Further, the court's decision demonstrates a clear appreciation of the significance of...

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