In Tanium v. Yago et al., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant Act ("RCA") provides a court greater freedom to modify an otherwise overbroad restriction; (3) a non-solicit of employees provision may be liberally enforced; and (4) bad acts performed by an employee prior to his departure from a company influence how a court rules.
Tanium is a cybersecurity management company. Tanium employed Yago as a salesperson, ultimately responsible for servicing Tanium’s largest customers. Tanium had Yago execute an Employee Invention Assignment and Confidentiality Agreement (“Agreement”) that restrained him from soliciting Tanium customers and employees and from using or disclosing Tanium’s confidential information.
In January 2021, Yago accepted an offer of employment with Wiz, a competitor of Tanium. At or about the same time, Wiz hired four other high-level Tanium employees. Tanium discovered that, while employed, Yago accessed and ran a report that aggregated some 60,000 customer contacts and sent the report to at least one of the other employees who Wiz also hired. Yago also had text contact with at least one of the other employees, in which they discussed whether they could “get . . . over” the other employees who Wiz hired.
Based on these and other facts, Tanium sought a preliminary injunction against the individual...
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