TO: MARTIN G. WEINBERG FROM: KIMBERLY HOMAN RE: DISSEMINATION OF STOLEN DOCUMENTS DATE: JUNE 2, 2010 There are at least two potential avenues through which JE can seek to obtain return of the stolen book and/or a prohibition against dissemination by Rodriguez (leaving aside the procedural issues present at this stage of the proceedings, after the Magistrate Judge has already ordered Rodriguez to produce the book). First, courts have often enjoined the dissemination of confidential or private information wrongfully obtained from the employer by a (now) ex-employee during the course of his employment, either through a free-standing action for injunctive relief or in conjunction with a tort action for, among other things, breach of fiduciary duty. See, e.g., Saini v. International Game Technology, 434 F.Supp.2d 913, 924 (D.Nev. 2006)(court finds that company had shown likelihood of success in proving breach of implied covenant of good faith and fair dealing where former employee's "decision to distribute internal IGT documents to a party adverse to IGT in litigation demonstrates a deliberate attempt to violate the spirit of his confidentiality agreements with IGT;" injunction issued); see also In re Zyprexa Injunction, 474 F.Supp.2d 385, 419 (E.D.N.Y. 2007)(court has power to enjoin dissemination of stolen documents obtained in violation of court's protective order). Even where the employee is not subject to a formal confidentiality agreement, "an employee may still be enjoined from using confidential information where he or she has obtained such information by wrongful means, such as theft or intentional memorization." Tactica Intern., Inc. v. Atlantic Horizon Intern., Inc., 154 F.Supp.2d 586, 608 (S.D.N.Y. 2001). Even in the absence of a contract not to disclose confidential information, an agent has a duty not to use or communicate information given to him in confidence in competition with or to the injury of the principal unless the inf