David Carr Quoted in Indianapolis Business Journal: "Bank Sues Former Carmel Staffers Who Left for Rival"

Ice Miller LLP partner David Carr was quoted in the Indianapolis Business Journal article, "Bank Sues Former Carmel Staffs Who Left for Rival."

The article included:

David Carr, a partner at Ice Miller LLP’s Indianapolis office and an expert in labor and employment law, said information must meet certain legal requirements in order to be considered a trade secret: It must be information that’s not generally known but that holds economic value; and it must be subject to efforts to keep it secret.

This means customer lists could be considered a trade secret, depending on the circumstances, Carr said. “It’s the employer’s treatment of the information that is very crucial to determining whether it is a trade secret.”

Carr’s expertise includes employment contracts involving trade secrets, confidential information and non-compete agreements. He is not involved in the Busey litigation.

Trade-secret lawsuits like the Busey litigation are quite common, Carr said, but there’s no real pattern to who’s likely to prevail in such cases. “It’s very, very fact-sensitive.”

And because none of the defendants in the Busey cases have yet filed formal responses to Busey’s allegations, it’s impossible to know at this point what the facts are, Carr said. “It could end up being vastly different from what’s been represented from the plaintiff’s perspective.”

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