A recent case in Massachusetts confirms that taking affirmative steps to protect the confidentiality of trade secrets is absolutely critical to litigating a claim for misappropriation. In C.R.T.R. v. Lao, Plymouth Superior Court Docket No. 2011-962 (Dec. 30, 2013), the plaintiff sued a former independent contractor for, among other things, misappropriation of the company’s trade secrets. The defendant moved … Continue Reading
A South Dakota company recently found itself subject to personal jurisdiction in California by a California federal court despite its arguments that it lacked sufficient “minimum contacts” to establish such jurisdiction. The district court held that the company’s alleged knowledge of and involvement with a new employee’s alleged misappropriation of trade secrets in California purposefully availed the company to jurisdiction … Continue Reading
Does using a labeled truck identifying your company to deliver products to your clients make your client list publicly available? Will doing so undermine protecting your client list as a trade secret? Last month, the defendant in a case before a federal district judge in California tried to make that argument, and while the case was decided on other grounds, … Continue Reading
A recent federal decision from Connecticut confirms the notion that information knowingly posted on the Internet by its owner cannot constitute a protectable trade secret.
On April 1, 2011, April Fools’ Day, a human relations consulting firm SharedXpertise allegedly disseminated by email and on its website a false statement that it had acquired its competitor LRP Publications. Kutik, a consultant for LRP, was offended. He … Continue Reading
On March 21, 2012, in the case of Pyro Spectaculars, Inc. et al. v. Souza, Case No. 12-CV-00299-GGH, Magistrate Judge Gregory G. Hollows of the USDC for the Eastern District of California (Sacramento Division), issued an order preliminarily enjoining a former Account Executive for a pyrotechnics company from soliciting the customers of his former employer. There are several notable aspects … Continue Reading