OFFICIAL Dave Donaghy Named New Broncos CEO

abashii

NRL Player
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I don't think there's a strong argument to be made for trade secrets when it comes to coaching. They've been happy in the past to let Bellamy's assistant coaches go on to head coaching roles at rival clubs, iirc in some cases that was mid-contract. It's hard to claim the assistant coaches were kept in the dark as to the special sauce that makes Melbourne great (Cam Smith and rampant cheating) so it'd be pretty obvious it's just a figleaf for trying to stop an employee leaving when the club wants to keep them.
 

McHunt

NRL Captain
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I don't think there's a strong argument to be made for trade secrets when it comes to coaching. They've been happy in the past to let Bellamy's assistant coaches go on to head coaching roles at rival clubs, iirc in some cases that was mid-contract. It's hard to claim the assistant coaches were kept in the dark as to the special sauce that makes Melbourne great (Cam Smith and rampant cheating) so it'd be pretty obvious it's just a figleaf for trying to stop an employee leaving when the club wants to keep them.
The players, too. Macca leaked Seibold's killer trade secrets with Newcastle, and now he's off to St George with a manilla folder stuffed with Kevvie's plays. Look at all the great info we got on the Storm from Croft.
 
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007

NRL Player
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Commercially good luck claiming trade secrets etc. This kind of role requires deep and in depth business knowledge of running a club. Its plain and simply part of the position. To argue trade secret or IP is a joke as CEO would never have a job again if that was the case. IP is of course an issue, but IP can only be infringed if or when used...and i doubt the Broncos would be changing their colours to purple or name Broncos tornados.
 

007

NRL Player
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Non-disclosure agreement would be better for that I'd imagine... and likely already exists as part of him leaving
Correct, this would be the maximum extent. You also cant pre claim or pre empt someone for breaching NDA. To do so would be pushing a very thin line of defamation and slander. Melbourne have to be very careful how they approach this so called legal matter. The sheer fact Tripp has fired off shots already is also almost slanderous, especially if DD hasnt done anything wrong, the broncos would almost have a defam/slander case as well.
 

john1420

NRL Player
That's what I said here:

The Storm will still push on the issue of trade secrets.
Yes they likely will, but first of all, the burden is on them to prove it, and second the trade secret issue doesn't prevent him from working for another club; it simply defines some things he can't divulge while there.
So Storm don't have a leg to stand on IMO
 

lynx000

NRL Captain
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Waiting to win lotto
How this would usually play out in a commercial/court setting is that the party holding the benefit of the non-compete clause would seek an interim injunction to restrain the other party acting in breach of the contract.

So it could come to a very sudden ending if the court hearing that application rules that the clause is unenforceable in reliance on some of the authorities that john1420 referred to.

It looks like a whole lot of empty sabre rattling to me.
 

BroncsFan

State of Origin Rep
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6,134
Fucking NSWRL is a joke of an administration.

I know they're completely inept, but why would the NRL stand on the sidelines and allow one of their top administrators be held up by a bogus non-compete clause.

And if you believe the rumours Bellmay also has a non-compete clause... so I guess the NRL would be happy to sit idly by and allow their best coach to sit on the sidelines.

They should call up the storm and tell them to cut the crap and finalise a settlement... like the Broncos have been trying to do since December... and now he's completely off contract
 

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