The following clause appears in the former Starwood employees contracts: [Employee] acknowledges that during the course of

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The following clause appears in the former Starwood employees’ contracts:

[Employee] acknowledges that during the course of his/her employment with [Starwood], Employee will receive, and will have access to, “Confidential Information” … of [Starwood] and that such information is a special, valuable and unique asset belonging to

[Starwood] … All [Documents (broadly defined)]

which from time to time may be in Employee’s possession … relating, directly or indirectly, to the business of [Starwood] shall be and remain the property of [Starwood] and shall be delivered by Employee to

[Starwood] immediately upon request, and in any event promptly upon termination of Employee’s employment, and Employee shall not make or keep any copies or extracts of the Documents. … Employee shall not disclose to any third person any information concerning the business of [Starwood], including, without limitation, any trade secrets, customer lists and details of contracts with or requirements of customers, the identity of any owner of a managed hotel, information relating to any current, past or prospective management agreement or joint venture, information pertaining to business methods, sales plans, design plans and strategies, management organization, computer systems and software, operating policies or manuals … financial records or other financial, commercial, business or technical information relating to the company.

Is this an enforceable provision? Do you believe the employees violated this provision by their conduct? p-687

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