LMN needs information about ABC's plans to expand. Thus, it has asked some of its employees to hang out at a bar near LMN and to buy drinks for LMN employees in the hopes of getting these employees "tipsy" enough to disclose these plans to LMN. If LMN acquires the information, can it freely use it? Discuss.?
What will be an ideal response?
This scenario presents a close question. One who obtains trade secrets by improper means (including theft, bribery, placing one's own employees at another's place of business, etc.) cannot use or disclose the information. LMN's conduct may arguably fall below the generally accepted standards of commercial morality and reasonable conduct. On the other hand, it is arguable that ABC should have protected the information more carefully and either not disclosed it to several employees or warned them not to disclose it further to anyone, whether in a social or other setting.?
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