In November 2012, we first blogged on the high profile trade secret dispute between Tory Burch, creator of the fashion line Tory Burch LLC, and her ex-husband, J. Christopher Burch. In October 2012, Christopher Burch filed a breach-of-contract and tortious interference complaint against his ex-wife in which he alleged that his “ex-wife hijacked the bidding… Continue Reading
Tag Archives: Breach of Contract
Massachusetts Court Rules That Facebook Posting of New Job Does Not Violate Non-Competition Covenant
Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Trade SecretsA hair salon’s motion for entry of a preliminary injunction against a stylist was denied even though she had signed non-competition, non-solicitation and confidentiality agreements with the salon, and immediately after leaving her prior employment she was employed by a nearby competitor, a fact noted on her Facebook page. Invidia LLC v Difonzo, Case No…. Continue Reading
California Federal District Court Examines Personal Jurisdiction Issue in International Trade Secret Misappropriation and Breach of Contract Dispute and Maintains Suit Brought Against Irish Company and Owner
Posted in Practice & Procedure, Trade SecretsBy Robert Milligan and Jeffrey Oh In a recent federal case out of California, Judge Morrison C. England, Jr. of the U.S. District Court for the Eastern District of California examined the issue of personal jurisdiction in an international trade secret misappropriation and breach of contract dispute. The case, Vance’s Foods, Inc. v. Special Diets… Continue Reading
North Carolina Federal District Court Confirms Importance of Alleging Actual Harm in Pleadings
Posted in Breach of Fiduciary Duty, Trade SecretsOn April 25, 2012, a federal judge in North Carolina issued a ruling granting in part and denying in part motions to dismiss involving claims for trade secret misappropriation, breach of contract, and conversion in a dispute between two pharmaceutical companies in the case of River’s Edge Pharmaceuticals v. Gorbec Pharmaceutical Services, Inc. This decision confirms, to… Continue Reading
Breach of Contract Claim May Succeed Where a Misappropriation Claim Fails
Posted in Trade SecretsThe U.S. Court of Appeals for the Tenth Circuit recently held that a former employer’s price quotations to prospective customers were not trade secrets under Oklahoma law because they did not contain a confidentiality provision, but the former employee who took advantage of those quotations on behalf of his new employer did violate his non-compete… Continue Reading
Production Companies For Star Magician Criss Angel Sued For Alleged Failure To Pay Royalties For Magician’s Alleged Use Of Confidential And Proprietary Magic Tricks
Posted in Trade SecretsBy Robert Milligan and summer associate Alana Friedman Production companies for Criss Angel, the star of Cirque de Soleil’s “Believe” and the A&E cable television show Mindfreak, were sued in New York state court recently by a twenty-three year old illusionist who claims that Angel’s companies have failed to pay him for the use of three… Continue Reading