Problem 1: Distinguish between the following.
a. Confidentiality agreement.
b. Non-solicitation agreement.
c. Covenants not to compete.
Problem 2: Adeline (who is 16) started working for Crumbl Cookies in April 2022. She was required to sign a confidentiality agreement and a covenant not to compete prior to beginning work. Are these agreements enforceable against Adeline?
Problem 3: Same facts as number 2 and assume the confidentiality agreement is enforceable. After a few months, Adeline quits Crumbl Cookie and decides to start baking her own homemade cookies. Crumbl Cookies sues her for breach of contract for violating the confidentiality agreement claiming she used Crumbl Cookies' recipes.
a. Should cookie recipes be considered trade secrets protected by the agreement?
b. What do you think Crumble Cookie would have to show to prove Adeline used its proprietary information?
Problem 4: Assume instead of baking cookies, Adeline starts to bake and sell cupcakes. Crumbl Cookies claims this violates the covenant not to compete.
- Does Adeline's new business violate the covenant not to compete? Why or why not?