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

Tag Archives: preliminary injunction

Federal Appellate Court Lacks Jurisdiction To Hear Appeal of Expired Non-Compete Preliminary Injunction

Posted in Non-Compete Enforceability, Practice & Procedure, Trade Secrets

The Eleventh Circuit recently dismissed an appeal of a preliminary injunction order on the grounds that the appeal was moot because the injunction had expired.

Summary of the case.  Leedom Management, a credit card processing company serving automobile dealers, sued a former employee and charged her with violating covenants not to (a) compete with Leedom, (b) solicit its clients, and … Continue Reading

Preliminary Injunction Issued By Nebraska Federal District Court To Level The Playing Field in Trade Secrets Dispute

Posted in Practice & Procedure, Trade Secrets

A federal district court in Nebraska recently issued a significant preliminary injunction preventing trade secret misappropriation and unlawful competition in a contentious dispute between two freight companies.  West Plains, L.L.C. v. Retzlaff Grain Co., Case No. 8:13CV47 (D. Neb., Feb. 26, 2013).

A group of freight forwarders employed by CT Freight allegedly resigned en masse and went to work … Continue Reading

Employers Thankful For New Second Circuit Non-Compete Decision

Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants

By Jessica Mendelson and Grace Chuchla

Employers in the Second Circuit are thankful for a recent non-compete summary order in which the Court found that an employee’s challenge of his non-compete agreement by way of a preliminary injunction motion failed because he failed to show irreparable injury.

Specifically, the Court found that an employee’s potential loss of income does not … Continue Reading

Paramedics Defeat Noncompete and Customer Nonsolicit Preliminary Injunction on Grounds of Potential Harm to Public and Paramedics

Posted in Non-Compete Enforceability, Restrictive Covenants

A private medical transport service was recently unsuccessful in persuading the U.S. District Court for the Northern Mariana Islands to enter a preliminary injunction prohibiting two ex-employees from competing with and soliciting customers of their former employer. The judge cited Section 188 of the Restatement of Contracts (Second) as authority for denying injunctive relief where the potential harm to the … Continue Reading

“Prior Restraint” Doctrine May Preclude Enjoining A Newspaper From Publishing Misappropriated Trade Secrets

Posted in Trade Secrets

A reporter for a business publication somehow obtained information contained in a privately held company’s confidential interim financial statements. As the reporter was about to disseminate that information in an email alert to the publication’s subscribers, the company sued, described the financials as trade secrets belonging to the company, and obtained from a Louisiana state court judge a TRO enjoining … Continue Reading

Fireworks Fly, California District Court Enjoins Former Pyrotechnics Company Employee From Soliciting Former Employer’s Customers

Posted in Restrictive Covenants, Trade Secrets

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

What Happens in Vegas May Stay in Vegas, But Misappropriation of Trade Secrets and Unauthorized Disclosure of Confidential Information Will Still Land You in Hot Water According To Recent Supreme Court of Nevada Decision

Posted in Non-Compete Enforceability, Trade Secrets

In Finkel v. Cashman Professional, Inc., et al., Case Nos. 54520, 55377, 2012 WL 669897 (Nev. March 1, 2012), the Supreme Court of Nevada addressed the validity of non-solicitation, non-competition, and non-disclosure covenants and the proper duration of a preliminary injunction prohibiting disclosure or use of trade secrets. The Nevada Supreme Court received the case after it consolidated two appeals from … Continue Reading

Wiener v. Wiener: A Wiener Controversy Of A Different (Trade Secrets) Sort

Posted in Trade Secrets

There is wiener controversy brewing, but this one does not involve Twitter™ or a Representative from New York. Rather, this dust up concerns a Chicago hot dog dynasty and allegations of misappropriated trade secrets, false advertising, unfair competition, and trademark infringement.

On June 21, 2011, District Court Judge Sharon Coleman denied Vienna Beef LTD’s motion for a temporary restraining order … Continue Reading