“Plaintiff claims that he was harmed by Defendant’s breach of the fiduciary duty of confidentiality. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant was Plaintiff’s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner]; 2. That Defendant had information relating to Plaintiff that she knew or should have
known was confidential; 3. That Defendant used Plaintiff’s confidential information for her own benefit or communicated Plaintiff’s confidential information to third parties; 4. That Plaintiff did not give informed consent to Defendant’s conduct; 5. That the confidential information was not a matter of general knowledge; 6. That Plaintiff was harmed; and 7. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm.”
[CACI Jury Instructions [citations omitted]]
