Question
Mega Sports Agency represents baseball players. Mega Agency collects commissions from each player in the amount of 5% of fees earned by its clients from
Mega Sports Agency represents baseball players. Mega Agency collects commissions from each player in the amount of 5% of fees earned by its clients from major league baseball teams and 15% of fees earned by its client from endorsement deals. It is hiring Bobby Brady to become the lead agent for several of its clients and to recruit new clients.
- Mega Agency created a database which contains detailed reports for all of its existing clients, including each client's baseball statistics, what equipment companies each player likes and dislikes, what teams each player wants/does not want to play for once he becomes a free agent, birthdates of each client and his family members so that gifts can be sent, and many more details.
- Mega Agency requires its agents to enter such information in the database for all clients being recruited and for all existing clients. The database also contains a report of every negotiation Mega Sports Agency has had with each major league baseball team, including the negotiation strategies used by each team.
- The database also contains a list of all equipment companies and the contact information for key personnel at such companies and the contract terms for all endorsement deals negotiated between Mega Sports Agency and such equipment companies.
Mega Agency wants to ensure that its trade secrets remain trade secrets both during and following Mr. Brady's employment with Mega Agency. Because Mr. Brady will be using Mega Agency's trade secrets to keep clients happy so that they do not leave for another agency and to negotiate clients' contracts with major league baseball teams and equipment companies, Mega Agency wants to be compensated in the event that Mr. Brady leaves Mega Agency and takes any of Mega Agency's clients with him to a different agency.
- Mr. Brady does not want much restriction on his freedom of mobility.
- He believes that some of the alleged trade secrets are publicly known or will be information he learns and stored in his head and that he should be able to use such information if he switches agencies.
Discuss these questions:
- Protection of Mega Agency's trade secrets while Mr. Brady is employed by Mega Agency.
- Protection of Mega Agency's trade secrets in the event that Mr. Brady quits or is terminated and goes to work for a different sport agency;
- Compensation to be paid by Mr. Brady pertaining to fees earned by Mr. Brady following his employment with Mega Agency. Any other issues, or any sub-issues related to these categories?
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