Emigra Group, LLC v. Fragomen, Del Rey, Bernsen & Loewy LLP, et al., No. 07 Civ. 10688 (LAK) (S.D.N.Y. Mar. 31, 2009).

In a decision that should be considerable reassurance to employers in general and law firms in particular, a district judge in New York has rejected an antitrust claim brought by a consulting firm against its former employer

Continue Reading New York Federal Court Rejects Attempt to Recast State-Law Trade Secrets and Unfair Competition Claims as Federal Antitrust Claims

Opening with a tribute to the iconic New York City subway system, complete with citations to sources as diverse as Leonard Bernstein and The Bonfire of the Vanities, the Second Circuit Court of Appeals earlier this week vacated and remanded a preliminary injunction barring a braking system manufacturer from disclosing proprietary drawings and other information to the New York

Continue Reading Next Stop, District Court (again)! Second Circuit Vacates Injunction Barring Disclosure of Trade Secrets Concerning New York City Subway Brakes

EqualLogic, Inc. v. Shea, (N.H. Superior Court, Hillsborough County).

In an unusual reversal, a Nashua, New Hampshire judge admitted recently that she had erred in granting a preliminary injunction barring a former executive for computer data storage company EqualLogic from working for a competitor. 

EqualLogic was acquired by computer giant Dell for approximately $1.4 billion shortly before area vice

Continue Reading New Hampshire Judge Dissolves Injunction Preventing Former Dell EqualLogic Executive From Working for Competitor

Kalow & Springnut, LLP v. Commence Corp., No. 07-3442, 2009 WL 44748 (D.N.J. Jan. 6, 2009).

The federal district court in New Jersey has declined to dismiss a claim under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, concluding that plaintiff’s allegation that defendant’s software product contained a “time-bomb” causing it to stop working after a period

Continue Reading New Jersey Federal Court Rules That Allegation of “Time-Bomb” in Software Is Sufficient to Survive Motion To Dismiss Computer Fraud and Abuse Act Claim

Board of Regents, State of Iowa and University of Iowa v. Warren, No. 8-620 / 08-0017 (Iowa Ct. App.).

The Iowa Court of Appeals last week affirmed a trial court’s denial of an injunction sought by the College of Medicine at the University of Iowa to prevent a former professor from practicing medicine in a nearby city.

Since 2001

Continue Reading Iowa Appellate Court Declines To Enforce Restrictive Covenant Preventing Former Iowa Medical School Professor From Practicing Medicine

Nixon Peabody v. Taylor Wessing France, 2008 NY Slip Op. 51885(U) (Sup. Ct. Monroe Cty. Sept. 16, 2008).

A trial court in upstate Monroe County, New York earlier this month granted summary judgment for law firm Nixon Peabody LLP (“Nixon”), which sought a declaratory judgment and injunctive relief as a result of alleged tortious interference with prospective business relations

Continue Reading New York State Court Rules that Noncompete Agreement Between Law Firms Previously Engaged In Merger Talks Is Unenforceable as Violative of Public Policy.

In Baird and Warner Residential Sales, Inc. v. Mazzone, No. 1-07-2179, the Illinois Appellate Court, First District reversed the circuit court’s determination that a restrictive covenant between Patricia Mazzone and her former employer, real estate broker Baird & Warner, was unenforceable as a matter of law. The ruling was issued in June as an unpublished order but was later published

Continue Reading Illinois Appellate Court Rules That Restrictive Covenant Prohibiting Real Estate Sales Manager From Soliciting Former Employer’s Agents Is Not Unreasonable As A Matter Of Law

Mississippi State University v. People for the Ethical Treatment of Animals, Inc., No. 2006-CA-02120-SCT, 2008 WL 2927836 (Miss. July 31, 2008).

The Mississippi Supreme Court has reversed a lower court’s order granting a request by People for the Ethical Treatment of Animals (“PETA”) seeking disclosure of documents from Mississippi State University (“MSU”) regarding its care of research animals. Specifically, PETA

Continue Reading Pet Food Company’s Trade Secret Information In Possession of State University Researchers Protected from Disclosure Under Mississippi Public Records Act.

TalentBurst, Inc. v. Collabera, Inc., Civ. No. 08-10940-WGY (D. Mass. July 25, 2008).

A federal court in Boston has dismissed a complaint brought by information technology temp agency TalentBurst against competitor Collabera for aiding and abetting a breach of fiduciary duty by TalentBurst’s former employee, who subsequently joined Collabera, on the ground that the employee owed no fiduciary duty

Continue Reading Massachusetts Federal Court Dismisses Claim Against New Employer for Aiding and Abetting Employee’s Violation of Fiduciary Duty of Loyalty to Former Employer.

United States v. Malhotra, No. 5:08-CR-00423-JF (N.D. Ca.)

Former Hewlett Packard vice president Atul Malhotra today pleaded guilty in federal district court in San Jose, California to one count of theft of trade secrets. In an information filed on June 27, 2008, the United States charged Malhotra with violating the Trade Secrets Act, 18 U.S.C. § 1832(a)(2), by disclosing to HP

Continue Reading Former HP Executive Pleads Guilty To Theft of Trade Secrets from Prior Employer, IBM.