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Define trade secret. Rob Lebow, the director of corporate communications for Microsoft, received a flier from Neal Hill at Rossin, Greenberg, Seronick, & Hill (RGS&H), a small New England agency . The flier stressed the agency’s familiarity with Lotus 1-2-3, which was the main competition for Microsoft’s new spreadsheet program, Excel. RGS&H had recently hired two people who had worked on the Lotus account for another advertising agency, and so Lebow wondered whether RGS&H was offering Microsoft the skill and experience of these new employees or whether the agency was offering to sell confidential information that belonged to Lotus. Lebow had four options: (1) he could ignore RGS&H’s flier; (2) he could return the flier with the reply, “Thanks but no thanks;” (3) he could forward the flier to Lotus; or (4) he could investigate the offer. Did RGS&H really offer to sell confidential information? If Neal Hill opted for (2) was he guilty of a crime or merely of poor judgment in his choice of words? Justify your reasoning.
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