Executive Summary: Like the hit show “How to Get Away with Murder,” the recent New Jersey ruling in Spencer Sav. Bank SLA v. McGrover (App. Div. March 5, 2015), instructs employees looking to remove their employers’ confidential documents and trade secrets. While still employed with Spencer Savings Bank, loan officer Michael McGrover admitted taking company documents and transmitting them his new employer. The appellate court nonetheless confirmed that McGrover breached no duty of loyalty to Spencer because the “competing rights of the employee” outweighed Spencer’s right to safeguard its confidential documents.
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