Graphic Directions, Inc. v. Bush
Colorado Court of Appeals
862 P.2d 1020 (1993)
Relevant factsFree
Bush and Dickerson (defendants), officers of GDI (plaintiff), solicited GDI's own customers to retain them for a competing graphic design business they planned to launch, while still employed by GDI, before actually departing to start that business; GDI sued for breach of the fiduciary duty of loyalty, and its accountant testified to nearly $200,000 in lost net profits in the 18 months after Bush and Dickerson left, though without directly tying those losses to the solicitation itself. The trial court found for GDI and awarded damages.
IssueFree
Whether an employee who solicits his current employer's customers in preparation for future competition with that employer breaches the fiduciary duty of loyalty.