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

Tag Archives: injunctive relief

Federal Precedents Under the DTSA Have Arrived

Posted in Trade Secrets

While the Defend Trade Secrets Act of 2016 (“DTSA”) has only been in effect for a few months, the first wave of cases raising DTSA claims have started to generate federal decisions. In what appears to be the first substantive ruling under the Act, the Northern District of California illustrated some the advantages – and limitations – of DTSA claims … Continue Reading

Federal Appellate Court Finds Motion To Enjoin Disclosure Of Confidential Information Should Not Be Denied Merely Because The Same Information Could Have Been Acquired Lawfully

Posted in Practice & Procedure, Trade Secrets

The United States Court of Appeals for the Fifth Circuit, reversing a trial court’s refusal to enter an order enjoining disclosure of confidential information, recently held that the lower court erred when it (a) ruled that the moving party must satisfy all six trade secret balancing test factors, (b) rejected a party’s request for an evidentiary hearing with respect to … Continue Reading

How Do I Get a TRO Against a Former Employee If Arbitration in FINRA Is Mandatory?

Posted in Breach of Fiduciary Duty, Practice & Procedure, Restrictive Covenants, Trade Secrets

By Nicholas De Baun

Occasionally, you may need emergency relief against a former employee who has absconded with a client list, your confidential information, and the clients themselves. If you are very unlucky, you may need to get a TRO against his new employer as well. If you, the former employee, and the new employer are all required to arbitrate … Continue Reading

Virginia Federal Court Finds For Employer on Fidicuary Duty Claim Against Former Employee

Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Practice & Procedure

By Michael Baniak

A Virginia federal court district court recently issued a significant decision awarding lost profits to an aggrieved employer for breach of fiduciary duty by a former employee. The Court found that the ex-employee was not able to deduct his services for the company as an expense against the damages award. Further, the Court found that the employer’s … Continue Reading

Trade Secret Protection Best Practices Webinar: Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours

Posted in Data Theft, Non-Compete Enforceability, Restrictive Covenants, Trade Secrets

Please join us for the seventh webinar in the 2012 Trade Secrets Webinar Series on November 28th at noon c.s.t./10:00 a.m. pacific. This webinar will discuss best practices when dealing with newly hired or departing employees and the incumbent trade secret, non-competition and information protection issues.

In today’s highly mobile and competitive world, employees frequently move between companies within the … Continue Reading

Protecting Disclosure Of Trade Secrets Included In A Bid Responsive To A Government Request For Proposal

Posted in Practice & Procedure, Trade Secrets

When confidential information or trade secrets are provided to a government agency in a bid for a public contract, they might wind up being disclosed to a competitor or others unless great care is taken by the bidder. Non-disclosure agreements are essential. Of course, all pages containing a trade secret should be designated as “confidential.” Examples of other protective measures … Continue Reading

After Ohio Jury Finds Trade Secret Misappropriation But Awards Zero Damages, Trial Judge Enters Injunction Order But Sets Royalty Payment As Alternative

Posted in Trade Secrets

A manufacturer engaged an independent contractor to improve the efficiency of certain machinery.   After the task was completed, the contractor did the same for a competitor of the manufacturer.   The manufacturer, claiming that the improvements were its trade secrets, sued the competitor in an Ohio state court for misappropriation. The case went to trial before a jury which returned a verdict … Continue Reading

First Circuit Affirms Summary Judgment for Defendant Accused of Breaching Confidentiality Agreement

Posted in Restrictive Covenants

By Molly Joyce

In the recent decision of The Capability Group, Inc. v. American Express Travel Related Services Company, Inc.,658 F.3d 75 (1st Cir. 2011), the United States Court of Appeals, First Circuit, affirmed summary judgment in favor of a defendant accused of, among other things, breaching a confidentiality agreement between the parties. The court found that the plaintiff, … Continue Reading

Award of Damages for Misappropriation Does Not Preclude Also Awarding Injunctive Relief

Posted in Trade Secrets

Clarifying the legal principle that an injunction will only be entered if there is no adequate remedy at law, the Ohio Court of Appeals held recently that an award of damages for past trade secret misappropriation is not inconsistent with, and does not preclude granting, injunctive relief to prevent future harm. Litigation Management, Inc. v. Bourgeois, 2011 Ohio 2794 … Continue Reading