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Who owns knowledge? Considerations when hiring employees from a competitor

October 2023 employment law letter
Authors: 
Susan Kornfield, Peter Cummings, and Justin Bagdady, Bodman PLC

You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we aren’t referring to the potential “cage match” but to the allegation that Threads (a social media app from Meta) was developed using confidential information and trade secrets known by former Twitter employees and retained in their memory. Meta quickly denied this. The public food fight illustrates a very real challenge faced by innovative companies—what to consider when hiring key employees from a competitor.

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