Proprietary information

Mark is a software engineer with a small research and development company. He joined the company at its inception 10 years ago, and has been instrumental in seeing its growth over the years. The company has doubled their revenues in the past five years and the workforce has grown from 12 to 20 people in the past three years. You are a friend and co-worker of Mark and have worked with him at the Company for three years. He confides in you that he was recently approached by a competitor and offered a position at double his current salary. He also states that when his current company started 10 years ago, they neglected to have him sign a non-compete agreement or a non-disclosure agreement. He believes he has the “right” to take the proprietary software he helped develop to his new company. Mark also tells you he will likely accept the offer and wants you to join him at the new company.

What should you do, and what are your obligations to your current employer if you believe Mark will take the Company “secrets” with him to a competitor?