Author Profile

Paul Freehling

Paul Freehling

Recent Articles

Utah Appellate Court Holds That "Confidential" Price List Is Not A Trade Secret But A Contract Bid Could Be, And Uniform Trade Secrets Act Preempts Common Law Claims Based On Misusing Confidential Information Not A "Trade Secret"

Paul Freehling
March 21, 2012 22:40

In a recent, lengthy decision involving allegations of deceitful acts and unfair competition, the Utah Court of Appeals largely affirmed the lower court’s grant of summary judgment to the defendants with respect to a complaint alleging misappropriation of proprietary data and related conduct....

Texas Appellate Court Voids, As Contrary to Fundamental Texas Law, Incentive Compensation Contract Imposing A Substantial Penalty For Post-Employment Competition With The Ex-Employer

Paul Freehling
March 13, 2012 21:10

Under Texas law, a restraint on competition without reasonable time and geographical limitations is unenforceable. Although New York generally disfavors an unreasonable non-competition covenant, there is an exception under the employee-choice doctrine. A recent Texas appellate court panel, applying...

Filing A Patent Application Covering A Misappropriated Trade Secret Held To Constitute A "Use" Which Justifies $600,000 In Compensatory Damages

Paul Freehling
February 06, 2012 18:20

Quoting Section 40, comment c, of the Restatement (Third) of Unfair Competition, the Fifth Circuit Court of Appeals held recently that “Any exploitation of the trade secret that is likely to result in injury to the trade secret owner or enrichment to the defendant” constitutes a...

EX-EMPLOYEE VIOLATED DUTY OF LOYALTY, BREACHED NON-COMPETE, AND COMMITTED COMPUTER FRAUD ACT VIOLATION, BUT NEW EMPLOYER NOT LIABLE FOR MISAPPROPRIATION OF NON-TRADE SECRET "CONFIDENTIAL INFORMATION"

Paul Freehling
September 11, 2011 23:58

A dental products supply company, DHPI, won partial summary judgment from a Wisconsin federal court against its ex-employee, Ringo, for competing with DHPI both while still an employee and soon after resigning. The most interesting issues in the opinion, however, concern application of the...

Award of Damages for Misappropriation Does Not Preclude Also Awarding Injunctive Relief

Paul Freehling
June 22, 2011 16:59

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...