No specific laws identified for this ruling.
The appellate court affirmed the trial court's dismissal of the breach-of-contract claim against Henning but reversed dismissals of claims for breach of fiduciary duty, misappropriation of trade secrets, tortious interference with prospective business relationships, and spoliation of evidence, remanding those claims for further proceedings.
CONTRACTS – EMPLOYER-EMPLOYEE--TRADE SECRETS: The trial court did not err by dismissing pursuant to Civ.R. 12(C) a breach-of-contract claim by an employer against an employee where a later agreement executed by the parties constituted a complete release by the employer of the employee's obligations under the contract. The trial court erred by dismissing pursuant to Civ.R. 12(C) a claim under the Ohio Trade Secrets Act, R.C. 1333.61 through 1333.69, on the basis that an employee had been released from his contractual obligations with respect to confidentiality, because the presence of an existing confidentiality agreement is not required to find that a trade secret exists, and the plaintiffs had alleged sufficient facts to support the elements of a trade secret under the Act. The trial court erred by dismissing pursuant to Civ.R. 12(C) a claim that an employee breached his duty of loyalty or good faith on the basis that the employee had been released from his contractual obligations under an employment agreement, because an employee's duty of good faith and loyalty exists regardless of whether an employment agreement exists.
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