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Earlier this week, Starbucks Corp. sued a former executive in the U.S. District Court for the Western District of Washington, seeking enforcement of a noncompetition agreement. (Starbucks Corp. v. Paul Twohig, Civil Action No. 09-01404 (W.D. Wash.)) Former Division Senior Vice President...
In Coleman v. Retina Consultants, P.C., the Georgia Supreme Court reversed a trial court’s decision to enjoin a former employee based on his non-compete provision, but it upheld the injunction to the extent that it prevented the employee from using his former employer’s trade...
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"
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....
Minnesota District Court Dismisses Computer Fraud and Abuse Act Claim Brought Against Former Employee Based Upon Narrow Interpretation Of Act
By Robert Milligan, Joshua Salinas, and Jeffrey Oh In another decision that underscores the circuit split regarding the interpretation of the Computer Fraud and Abuse Act’s (CFAA) language on authorized access, the Honorable Judge David Doty of the United States District Court for the...
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...
UConn is Dancin' for a Third Reason: Its Donor List is a Trade Secret and Exempt from Freedom of Information Act
The University of Connecticut has a third well-publicized reason to celebrate, beyond its men’s and women’s basketball teams’ berths in the NCAA Tournament. The Connecticut Supreme Court recently held that the University’s databases of benefactors, season ticket...
Upcoming Webinar - The New Risk: Employee Theft Of Trade Secrets And Confidential Information In The Name Of Protected Whistleblowing
Can Employees Steal Trade Secrets & Confidential Information To Support Their Whistleblower Claims? The answer: It depends who is adjudicating the case, as a sharp conflict recently has arisen on this issue between federal and state courts and the U.S. Department of Labor (DOL). The DOL's...
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
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...
Mattel recently appealed a $310 million award for its alleged misappropriation of MGA’s trade secrets and MGA’s attorney’s fees and costs in defense of Mattel’s copyright claim. In its opening brief, Mattel requests the Ninth Circuit to vacate or reverse the award on...
What Happens in Vegas May Stay in Vegas, But Misappropriation of Trade Secrets and Unauthorized Disclosure of Confidential Information Will Still Land You in Hot Water According To Recent Supreme Court of Nevada Decision
In Finkel v. Cashman Professional, Inc., et al., Case Nos. 54520, 55377, 2012 WL 669897 (Nev. March 1, 2012), the Supreme Court of Nevada addressed the validity of non-solicitation, non-competition, and non-disclosure covenants and the proper duration of a preliminary injunction prohibiting...