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

Tag Archives: TRO

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 …

Speculative Fears Insufficient for Non-Compete Temporary Restraining Order Against Former Employee

Posted in Non-Compete Enforceability, Restrictive Covenants

While treats are in abundance on Halloween, a Minnesota employer recently received a trick when a federal court denied its temporary restraining order application. A Minnesota federal court held that an ex-employer’s apprehension that a former employee violated or would violate a non-compete and confidentiality agreement was entirely speculative and, thus, did not warrant a TRO.  Sempris, LLC v. Watson,

“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 …

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 …

Keep Your Pot of Gold Hidden, Ohio Court Rules Information Posted Online Not Trade Secret

Posted in Trade Secrets

St. Patrick’s Day calls to mind the traditional Irish folklore of leprechauns and their hidden pots of gold. These hidden pots of gold illustrate the fundamental and straightforward rule for protecting prized trade secret information – keep it secret. A recent Ohio District Court, the Honorable Judge Michael R. Barrett presiding, denied a Plaintiff’s motion for Temporary Restraining Order because …