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I am trying to find a case that I read about a few months ago.  I believe it was decided within the last 6 months, and the board or court held that a contractor could not enforce or collect damages based upon a nondisclosure agreement signed by a non-contracting officer government employee.

I know this is not a lot to go off and the request is kind of a long shot, but might anyone know what decision/case this was?  If not this recent case, perhaps an older case addressing the same issue?

Thanks for any help!

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What about 18 U.S.C.1905?

1905. Disclosure of confidential information generally

Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311–1314), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment.

 

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6 hours ago, Lionel Hutz said:

I am trying to find a case that I read about a few months ago.  I believe it was decided within the last 6 months

There is a U. S. Supreme Court Case in the recent past.  I could not find anything else this morning within the last 6 months.

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Retreadfed, I am still giving thought to a civil suit against a government employee  based on violation of a duty that if violated, is criminal. Nevertheless, I could request the employee be fired or request that a prosecutor file charges. I don't think the NDA is entirely useless as the author in the joel hoffman post suggests. It is evidence that the person was told they would be receiving confidential, trade secret information, etc. They are on notice that disclosure of such information may be a crime. 

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13 hours ago, bob7947 said:

There is a U. S. Supreme Court Case in the recent past.  I could not find anything else this morning within the last 6 months.

Bob, thanks.  I must have just read the case in the past 6 months and for some reason it got stuck in my head as being newer.  

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2 hours ago, Lionel Hutz said:

Joel, thank you!  That was it.  Guess I was wrong about the time frame.

Lionel, your attorney or any attorney friend could “shepardize” the cases* that I provided links to above, if you want to know if they are still current/applicable. 

“A term used in the legal profession to describe the process of using a citator to discover the history of a case or statute to determine whether it is still good law.

The expression is derived from the act of using Shepard's Citations.An individual checking a citation by shepardizing a case will be able to find out various information, such as how often the opinion has been followed in later cases and whether a particular case has been overruled or modified.

Cross-references Shepard's® Citations.”

(from: https://legal-dictionary.thefreedictionary.com/Shepardizing)

*The first link above referred to a Court of Federal Claims Decision in “Liberty Ammunition vs. the United States” and the second one was an Appeal of said COFC Decision to the Court of Appeals for the Federal Ciircuit, which upheld the applicable portion of that COFC Decision concerning violations of a Non-Disclosure Agreement (by a non-CO, government employee).

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