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Qualified Privilege in Anticipation of Litigation

The case concerned an employee of an architectural, engineering, design and consulting firm whose employer brought suit against him seeking damages for breach of contract, fiduciary duty and the implied covenant of good faith and fair dealing.  The employee had allegedly been working on side projects for competitors of the firm, and he ultimately sought employment with that same competitor.  The firm’s attorney sent a letter to the employee stating that he attempted theft of the firm’s confidential information, “misappropriated trade secrets,” breached the professional code of ethics and conduct, as well as his duty of loyalty.

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