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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: Breach of Contract

Fashion Designer Resolves “Preppy Clothing” Trade Secrets Dispute

Posted in Trade Secrets

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 process for his 28 percent …

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 Secrets

A 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. MICV20123798H (Middlesex [Mass.] County …

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 Secrets

By 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 Europe Limited, et al., No. …

North Carolina Federal District Court Confirms Importance of Alleging Actual Harm in Pleadings

Posted in Breach of Fiduciary Duty, Trade Secrets

On 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 an extent, the need to …

Breach of Contract Claim May Succeed Where a Misappropriation Claim Fails

Posted in Trade Secrets

The 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 covenant.  Southwest Stainless, LP v.

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 Secrets

By 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 alleged confidential and proprietary …