II. Not Generally Known or Readily Ascertainable
C A court is likely to find that Ultra’s customer database meets the not generally known or readily ascertainable element.
R In determining whether information is not generally known or readily ascertainable, courts consider the following two Restatement factors: “the extent to which the information is known outside of the business” and “the ease or difficulty with which the information could be properly acquired or duplicated by others.” Al Minor, 117 Ohio St. 3d at 61 (citing Plain Dealer, 80 Ohio St. 3d at 524-25).
• To determine whether the information is not generally known or readily ascertainable is if a trade secret owner “collected and/or compiled the information from a variety of sources, thus this may support a finding that the information is not generally known or readily ascertainable.” Salemi, 145 Ohio St. 3d at ¶29.
• To determine whether a customer list is not generally known, it “ordinarily includes not only the name of a business or person but also information that is not generally available to the public, such as the name of a contact person, a non-public telephone or cell phone number, an email address, and other data known only because of the relationship with the client.” Salemi, 2014-Ohio-3914 at ¶18 (citing Columbus Bookkeeping, 2011 Ohio App. LEXIS 5655).
• While the mere fact that each of the clients at issue are listed in a telephone directory, or can be entered by name in a database,
* 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a
Pretend you supervise the correspondence unit of the health information services department of a medical center. Today, you received a subpoena duces tectum from an attorney, demanding either the originals or copies of all health records concerning Mary Smith, who allegedly is or was a patient of the medical center. The subpoena lacks sufficient information for you to determine whether Mary Smith is or was a patient in your facility. The subpoena is not accompanied by a valid authorization to release information for Mary Smith, as required in your state. (Case Study, p. 62)
* Keep concise records and ensure these are discussed openly with the customer. This ensures they are aware
* The same phone line is used for their three type of clients (DIYs, Professional users and
As a home-based business, Knee Scooters of Houston has followed a fairly simple CRM System in the past. We’ve used a spreadsheet with pivot tables to determine how many “calls” we’ve received and if it resulted in a sell or rental, and any notes with customer information and comments. “Calls” include actual phone calls, website, and email inquiries. We also differentiate between “customer” and “client”. Our “clients” are primarily medical and physical therapy offices that refer, display, and distribute our marketing materials. While this has served us well in our early business development, we’ve recently started using Salesforce. Salesforce will allow us to keep customer contacts separate from client contacts, track our social media contacts, upload our customer forms to the cloud, offers another real-time conversation options with Chatter, and track marketing, sales, and rental information more thoroughly (Salesforce.com). Salesforce has many different options available for marketing and sales and we are eager to have the mobile connectivity with our clients and customers that Salesforce can provide.
Johnson further maintains that the circuit court erred by admitting documents that were not properly authenticated. The State counters that “the appearance and contents of each of the documents contained sufficient information from which the factfinder could have reasonably concluded that the document was what the State purported it to be.” We hold that the documents admitted against Johnson were properly authenticated.
h. This is important so that the company can continue in such a way as to be judicially prudent. They must know what is the acceptable method of getting evidence to keep it safe for court admission. There may also be extenuating circumstances that must be taken into account depending on the organization and the event.
be given a dedicated contact phone number and email address as well as the contact information
reliable evidence, the confirmation process is subject to the risk of interception and alteration of
The Reps commissions’ process starts by going to our accounting software, search for our reps name and print out a summary of the customers’ names. The summary is usually one page, I don’t intent to change that part of the process. From there, Amanda goes to a database in access and type the name of the customers to obtain a list of all sales for that rep. She informed me, having to enter the customer’s name in access is timewasting. Sometimes there can be fifty customers, it is time consuming and leaves room for error. Talking about the process informed me about other issues with the process.
HOLDING: The court actually abandoned the Aguilar-Spinelli test two-pronged test and held that When a court is making a decision to issue a search warrant, the question as to weather a person is “credibility/reliable” and where their “basis of knowledge” may have come from are to be used as guides when considering the “totality of the circumstances”and are and not requirements in every
* Get customer data from whatever sources are available, loading it onto our systems and analyzing it
Whenever a call is made, phone companies record the who, what, when, and how long of
Factual use or availability for use for business and private purposes method (Buckley & Young Ltd v CIR , 1978)
✓ Additionally, this ensures that only serious customers enroll in database, thereby adding to relevancy to CRM database