By Robert Milligan and Jessica Mendelson Today is the deadline for public comments requested by the Obama Adminstration on any proposed changes to federal law to combat trade secret theft. Some legal commentators have proposed several suggested changes to improve America’s trade secrets laws, including creating a federal civil cause of action for trade secrets misappropriation and clarifying that the Economic… Continue Reading
Tag Archives: non-disclosure
New York Federal Court Rejects Heightened Specificity Pleading Standard for Breach of Confidentiality and Non-Disclosure Claim
Posted in Trade Secrets, Unfair CompetitionBy Joshua Salinas and Jessica Mendelson The secret is out, Tic Tacs and bubblegum have the most valuable and desirable real estate in the entire grocery store. On September 27, 2012, a district court for the Eastern District of New York granted in part and denied in part a motion to dismiss in a commercial… Continue Reading
California Federal District Court Finds That Plaintiffs May Assert A Claim For Alleged Misleading Actions of Agent and Misuse of Confidential Information Not Rising To Level Of A Trade Secret In Youth Hostel Dispute
Posted in Breach of Fiduciary Duty, Practice & Procedure, Trade SecretsBy Robert Milligan and Jeffrey Oh In business, as in life, trust and communication are key to healthy and productive relationships. When these crucial elements are lost, as in the case of What 4 LLC v. Roman & Williams, Inc., 2012 WL 1815629 (N.D.Cal.), the fallout is often contentious and requires court intervention. In a… Continue Reading
Seventh Circuit Rejects Pool Technology Company’s Trade Secrets Claim
Posted in Trade SecretsOn March 29, 2012, the Seventh Circuit upheld summary judgment in favor of a defendant on plaintiff’s claims for trade secrets misappropriation and unjust enrichment, holding that plaintiff failed to take any measures, let alone reasonable measures, to protect its alleged trade secrets during joint marketing negotiations with defendant. Fail-Safe LLC v. A.O. Smith Corp.,… Continue Reading
Trade Secret Claim Wins Out to Protect Software.
Posted in Trade SecretsIn Coleman v. Retina Consultants, P.C., the Georgia Supreme Court reversed a trial court’s decision to enjoin a former employee based on his non-compete provision, but it upheld the injunction to the extent that it prevented the employee from using his former employer’s trade secrets. The case is especially interesting from a factual perspective, as it… Continue Reading
Georgia Governor Signs HB 173
Posted in Non-Compete EnforceabilityOn April 29, 2009, Governor Sonny Perdue signed HB 173, legislation intended to revamp the way that non-compete, non-solicit and non-disclosure agreements are enforced in Georgia.
Consulting Engineers Corp. v. Geometric, Ltd.: Fourth Circuit Holds That Negotiating Non-Competition Agreements Does Not Subject A Company To Personal Jurisdiction
Posted in Practice & ProcedureThe United States Court of Appeals for the Fourth Circuit recently affirmed the denial of jurisdiction by the United States District Court for the Eastern District of Virginia over two companies foreign to the Commonwealth of Virginia. See Consulting Engineers Corp. v. Geometric, Ltd., — F.3d —, 2009 WL 738165 (4th Cir. Mar. 23, 2009). Consulting Engineers… Continue Reading
Georgia Court of Appeals Repeats Requirements for Non-compete and Non-disclosure Covenants
Posted in Restrictive CovenantsIn Global Link Logistics, Inc. v. Briles, No. A08A1871, (Ga. App. Feb. 18, 2009), the Georgia Court of Appeals recently reiterated Georgia court’s requirements for non-compete and non-disclosure covenants. The case involved the departure of Jim Briles from Global Link Logistics to a competitor. Briles moved for a declaratory judgment stating that the restrictive covenants in his… Continue Reading
Georgia House & Senate Committees Meet to Consider Restrictive Covenants in the Commercial Arena
Posted in Restrictive CovenantsThis morning (September 24, 2008), Rep. Kevin Levitas and Sen. Judson Hill from the Georgia Legislature convened the first meeting of a legislative study committee reviewing the law of Georgia with respect to restrictive covenants in employment and business relationships. The House Committee is chaired by Representative Kevin Levitas, and includes the following members: Representative Tim Bearden;… Continue Reading
Northern District of California Grants Preliminary Injunction in Trade Secrets Matter
Posted in Trade SecretsIn a February 29, 2008 Order, the Northern District of California entered a preliminary injunction against four defendants on behalf of Verigy US, Inc. Verigy demonstrated in discovery that Romi Omar Mayder, the principal of Silicon Test Systems, Inc., e-mailed a number of sensitive documents to a business partner, Robert Pochowski. The documents concerned technology… Continue Reading
Bubble Bursts On Plaintiff Who Failed To Demonstrate That Trade Secret And Confidential Information Related To His NASCAR-Themed “Pit Crew Chew” Was Protected By Non-Disclosure Agreement
Posted in Restrictive Covenants, Trade SecretsA federal court in the Southern District of California recently burst the bubble on a plaintiff’s suit alleging that the defendant, the alleged creator of a novelty chewing gum product, had stolen the plaintiff’s idea for a NASCAR-themed bubble “chew” by granting the defendant’s motion for summary judgment. The decision provides a reminder to companies… Continue Reading
California Federal District Court Awards $ 6.6 Million In Damages In Trade Secret Suit
Posted in Restrictive Covenants, Trade SecretsAfter granting summary judgment for plaintiff in late November 2007, Judge Susan Illston of the U.S. District Court for the Northern District of California recently awarded plaintiff $6.6 million in damages, the majority of which related to future lost profits due to breach of contract and misappropriation of trade secrets. Although the motion for summary… Continue Reading
Jury Returns $21.5 Million Verdict against Sears in Trade Secrets Suit
Posted in Restrictive Covenants, Trade SecretsRRK Holding Co. v. Sears, Roebuck & Co., No. 04-CV-3944, Verdict (N.D. Ill. Nov. 19, 2007) A family-owned Wisconsin company that makes power tools recently won a $21.5 million verdict against Sears, Roebuck and Co. after the jury found the national retailer guilty of stealing the design for the popular Craftsman all-in-one cutting tool. Plaintiff… Continue Reading
Former research director of vitamin supplement company accused of stealing precise formula he was hired to develop
Posted in Restrictive Covenants, Trade SecretsNew lawsuit filed in Utah accuses a former research scientist employed by a nutritional supplement company of stealing trade secrets, customers, and employees when forming a rival vegan supplement company. Systemic Formulas, Inc. claims that its former research director, Daeyoon Kim, is using Systemic’s trade secrets and proprietary information as the basis for its formula… Continue Reading
Recent California Appellate Decision Finds That Company Failed To Demonstrate That Its Source Code Had Independent Economic Value
Posted in Trade SecretsA recent California Court of Appeal decision reaffirmed what those who practice trade secret law already knew, but do not always focus upon, in trade secret litigation –the purported trade secret cannot qualify for protection under California’s trade secret statute unless there is a showing that the information has a demonstrated economic value from not… Continue Reading