Wayman Fire Protection, Inc. v. Premium Fire & Security, LLC, et al., C.A. No. 7786-VCP (Del. Ch. Mar 5, 2014).
This Chancery decision should be required reading for every lawyer advising a business on how to restrict a former employee from using information to compete against a former employer. This 89-page decision will be discussed in greater detail later, but for present purposes its most noteworthy aspect is that it applied a previously “rarely heard of” Delaware statute to prevent the former employee from using “electronically stored data” of the former employer to compete against the former employer even though (i) the data used did not qualify as a trade secret, and (ii) the former employee did not sign a restrictive covenant.