On Tuesday, November 17, 2020, at 1 p.m. Eastern, Houston partner Jesse Coleman and Boston partner Erik Weibust are presenting a webinar entitled “Available Remedies for Trade Secret and Restrictive Covenant Cases” for the Federal Bar Association and myLawCLE. Register for the webinar at the myLawCLE website. CLE credits are available, and an on-demand version of the webinar will be available following the live webinar. Below is a description of the program and an outline of the topics covered.
Using the International Trade Commission to Address Trade Secret Misappropriation Occurring Abroad
The Federal Circuit caught the attention of the ITC and trade secret litigators alike when it ruled in TianRui Group Co. v. ITC that the ITC can exercise its jurisdiction over acts of misappropriation occurring entirely in China.
The Commission initiated Investigation No. 337-TA-655 based on allegations that TianRui and a group of related respondents unlawfully accessed
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Considerations In Determining Whether To Grant To A Prevailing Trade Secret Misappropriation Plaintiff A Permanent Injunction In Addition To Substantial Damages
When a plaintiff alleging trade secret misappropriation obtains a judgment for substantial damages, the award may serve solely to compensate for past wrongs, or it may redress both past and future injuries.
The plaintiff filing a post-trial motion for the entry of a permanent injunction presumably is claiming that the defendant’s continued use of the misappropriated trade secrets will cause
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Award of Damages for Misappropriation Does Not Preclude Also Awarding Injunctive Relief
Clarifying the legal principle that an injunction will only be entered if there is no adequate remedy at law, the Ohio Court of Appeals held recently that an award of damages for past trade secret misappropriation is not inconsistent with, and does not preclude granting, injunctive relief to prevent future harm. Litigation Management, Inc. v. Bourgeois, 2011 Ohio 2794
Outside Counsel Fees May Be a Qualified Loss to Meet the CFAA’s $5000 Jurisdictional Requirement
The Computer Fraud and Abuse Act (“CFAA”) requires, among other things, that a plaintiff demonstrate a “loss” of $5,000 or more. See 18 U.S.C. § 1030(c)(4)(A)(i)(I).
In Animators at Law, Inc. v. Capital Legal Solutions, LLC, et al., Case No. 10-CV-1341 E.D.Va. (May 10, 2011) (unpublished) (TSE) two former employees of Animators’ abruptly left to join
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