Earlier this month, Sunbelt, a North Carolina Corporation, filed a federal lawsuit against Vortex companies and Vortex Turnkey Solutions (hereinafter named “Vortex”) alleging misappropriation of trade secrets, tortious interference, and unfair trade practices. In a case of follow the “footprints,” Sunbelt alleges that Vortex, through a serious of events, “willingly accepted information from Ghent, a former employee of Sunbelt that they knew or should have known to be Sunbelt’s trade secret and/or confidential information.” Furthermore, the complaint states that Vortex solicited, encouraged, or otherwise incentivized, through salary negotiations, said disclosures and breach of the agreement. Vortex and Sunbelt are direct business competitors in selling and renting industrial and construction equipment and providing services, such as turnkey pumping bypass solutions. There are two key parts to this complaint: 1) Can confidential materials including customer lists and rental histories, and other records and documents pertaining to business transactions be considered a trade secret?; 2) Can Sunbelt successfully prove that Vortex had actual or constructive knowledge of Ghent’s agreements with Sunbelt.
