"Confidential" Information Protectable In The Sixth Circuit

On November 17, 2015, the Sixth Circuit held in an unpublished opinion that "confidential" information that does not otherwise qualify as a trade secret may nevertheless be protected contractually in nondisclosure or non-compete agreements under Texas contract law.

Orthofix, a medical device company, filed suit against one of its former salesmen, Eric Hunter. Hunter's employment agreement included provisions prohibiting him from using "confidential information." When Hunter moved to one of Orthofix's competitors, he took the Orthofix "playbook" of sales information with him. Orthofix argued that the information Hunter retained was either trade secret information or "confidential information" pursuant to Hunter's employment agreement.