| LEGAL Help (10 pts for best answer)?

LEGAL Help (10 pts for best answer)?

Rick asked:


Advance Technology Consultants (ATC) contracted with RoadTrac to provide software and client software systems for the products of global positioning satellite (GPS) technology being developed by RoadTrac. RoadTrac agreed to provide ATC with hardware with which ATC’s softwre would interface. Problems soon arose, however. ATC claimed that RoadTrac’s hardware was defective, making it difficult to develop the software. ToadTrac contended that its hardware was fully functional and that ATC had simply failed to provide supporting software. ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court against ATC, charging breach of contract. During discovery, RoadTrac requested ATC’s customer lists and marketing procedures. Before producing this material, ATC asked the court to limit RoadTrac’s use of the information. Meanwhile, RoadTrac and ATC had become competitors in the GPS industry. How should the court rule regarding RoadTrac’s discover

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Comments

2 Responses to “LEGAL Help (10 pts for best answer)?”

  1. snowbuf on May 7th, 2009 5:39 am

    show me the evidence that the court has, with all the facts, to make a determination. A simple paragraph, is only hearsay.

  2. lechisch on May 10th, 2009 12:28 pm

    Customer lists and marketing procedures are considered trade secrets. Since the dispute here is over a defective product issue and not a marketability issue, there is really no reason for the customer and marketing information to be relevant and subject to production in the litigation. Roadtrac’s position as a direct competitor of ATC gives it the ability to interfere with ATC’s business contracts if given the information. Accordingly, the court will likely either strike Roadtrac’s request for the information as irrelevant to the litigation or will limit RoadTrac’s ability to use the information and confine it to the parameters of the litigation with any actual contact of ATC customers by RoadTrac for marketing purposes or any implementation of ATC’s marketing procedures by RoadTrac subjecting RoadTrac to sanctions.