Company Insider Can Leave, Take Business, Not Breach Fiduciary Duty

A Massachusetts court rules that a part owner and key employee of a closely held company who left and started her own business was free to compete and even tap the same customer base without being liable for breach of fiduciary duty. Attorney Shepard Davidson of Burns & Levinson explains the factors that account for this decision and what in-house counsel can do to preclude that option for their company’s key employees.