John Byrne, Copartners, Under the Firm Name of Byrne & Bowman, Appellants v. Thomas F. Barrett, Respondent

Summary

The New York Court of Appeals held that the former salesman breached his fiduciary duty by using confidential information acquired during his employment to secure a commission after resigning, and therefore must account for the proceeds to the plaintiffs. The court rejected the defendants' arguments that non‑exclusive employment, lack of a non‑compete covenant, or a mere expectation of success barred liability, and found no waiver of the plaintiffs' rights.