common law claims

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By Paul Freehling and Jim McNairy

There was only coal delivered for California employers in a recent California federal decision in which the Court refused to permit a plaintiff to proceed on a tort theory for the theft of confidential information.

In a well-researched and articulate opinion, the federal court for the Northern District of California recently dismissed, as…
Continue Reading Tidings of Data Theft and Coal: California Federal Court Holds That Trade Secret Misappropriation Statute Preempts Claim For Misappropriation Of Confidential Non-Trade Secret Data

By Daniel Hargis

The case of Illumination Management Solutions, Inc. v. Ruud pending in the Eastern District of Wisconsin exemplifies the continuing lack of certainty on the scope of California Uniform Trade Secrets Act (“CUTSA”) preemption when the claims potentially subject to preemption concern information that itself may not qualify as a trade secret but is nevertheless confidential or proprietary.
Continue Reading Wisconsin Federal Court Finds That Common Law Claims Are Preempted by the California Uniform Trade Secrets Act

Thanks to a recent decision of the Georgia Supreme Court, the assignee of confidential and proprietary information has found itself in a Catch 22 dilemma, precluded from suing under the state’s trade secrets statute because the information did not qualify as trade secrets but prohibited by that statute from bringing related common law claims. Robbins v. Supermarket Equipment Sales, LLC,…
Continue Reading No Cause of Action Under Georgia’s or Utah’s Trade Secrets Statutes for Misappropriation of Confidential and Proprietary Information Not Qualifying as Trade Secret