Allan J. Richardson & Associates, Inc. v. Andrews

In Allan J. Richardson & Associates, Inc. v. Andrews, 718 S.W.2d 833 (Tex. App.--Houston 14th Dist. 1986, no writ), a former employer argued the trial court erred by refusing to enjoin former employees from disclosing confidential information. Id. at 836. The employment contract, which was the basis of the requested injunction, required an employee, during his employment and for two years after, not to "'disclose to any third person or party or use for his own benefit any trade secret or confidential information.'" Id. The former employer attempted to distinguish prior cases denying trade secret status to the type of information in question. Id. at 837. The employer argued these cases were distinguishable because they applied a common law theory of unfair competition rather than a contractual prohibition on disclosure. Id. The Court rejected the argument and observed, "Even in the vernacular the word secret implies that the information is not generally known or readily available." Id.