News & Analysis as of

Injunctive Relief Misappropriation

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - May 2024

In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more

McDermott Will & Emery

Back in the USA: Seventh Circuit Lifts Sanctions, Anti-Suit Injunction Contempt

The US Court of Appeals for the Seventh Circuit stayed a district court’s contempt sanctions relating to an anti-suit injunction violation, finding that the adjudicated infringer had done all it could to withdraw from the...more

Lewitt Hackman

Franchisee 101: Braking The Competing Business

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A Massachusetts federal district court enforced a non-compete provision in a franchise agreement to enjoin former franchisees from operating a different branded automotive business at the same location as the former...more

Freiberger Haber LLP

Enforcement News: Misappropriation of Client Funds and Stock Manipulation

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It should come as no surprise that one of the goals of an investment fraud is the theft of customer funds for the scammer’s personal benefit. In legal parlance, this aspect of a fraudulent investment scheme is called...more

Vondran Legal

Arizona trade secret law

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Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more

Foley & Lardner LLP

Can Law Firms Prohibit Attorneys from Soliciting or Servicing Clients Because of Trade Secret Misappropriation?

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As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more

Foley & Lardner LLP

No Non-Competes for Lawyers? Trade Secret Misappropriation Lawsuits against Big Law Lawyers and Firm Management on the Rise

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The legal profession reigns as the primary protector of client choice. No other profession — including doctors and accountants — protect the client’s choice of advisor as rigorously as legal governing bodies, with restrictive...more

Holland & Knight LLP

The "Inevitable Disclosure" Doctrine and the DTSA

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The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the...more

Foley Hoag LLP

Two Circuit Courts Award Millions in Damages in Trade Secrets Cases, Utilizing Different Valuation Methods

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Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss,...more

McDermott Will & Emery

Play It Again and Again (Sam): Meanwhile No Injunction, No Fees

McDermott Will & Emery on

In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more

Sheppard Mullin Richter & Hampton LLP

Illinois Court Finds China Inadequate Forum For Trade Secret Misappropriation Claims Against Chinese Tech Company

Amidst long-simmering diplomatic tensions between China and the United States, disputes arising out of Chinese companies’ alleged theft of technological trade secrets from rival American companies have found their way to...more

Kerr Russell

What To Know About The US International Trade Commission

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The International Trade Commission (ITC) of the United States is an independent and quasi-judicial federal agency that handles a range of trade-related matters. The main functions of ITC are to investigate and make...more

Fisher Phillips

Driving Away Business: Employee Furloughed During COVID-19 Accused Of Misappropriating Trade Secrets While Opening Competing...

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An Ohio driving school has recently filed an action alleging that its former employee retained its trade secrets after being furloughed amid COVID-19 and then used these materials to open a competing driving school. For...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Seyfarth Shaw LLP

Protecting Trade Secrets Without Breaking the Bank (Or Even Negatively Affecting Profits)

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As a result of the COVID-19 crisis, and the effective shut down of most of the US economy over the past several weeks (and for the foreseeable future), many companies are currently hemorrhaging cash, others may be temporarily...more

Seyfarth Shaw LLP

Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand

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As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. ...more

Seyfarth Shaw LLP

Pardon Me, Co-Packaging Partner Accused of Stealing Dijon Mustard Recipes

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On February 25, 2020, Plaintiff Mustard Girl LLC (“Mustard Girl”), an award-winning mustard manufacturer, filed a lawsuit in the Circuit Court of Cook County for damages against its former co-packing partner, Olds Products...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more

Rumberger | Kirk

Top Secret: How to Successfully Build a Trade Secrets Case

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“For injunctive relief, a practitioner must establish irreparable harm to the client caused by the misappropriation of the trade secrets. Irreparable harm can come in many forms, with reputational harm and loss of goodwill...more

Spilman Thomas & Battle, PLLC

Trade Secret Misappropriation and Employee Fiduciary Breach in ASML v. XTAL Results in Large Judgement

On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...more

Seyfarth Shaw LLP

That’s a Wrap: California Federal Court Grants TRO Against Former Employee for Trade Secret Misappropriation

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A California federal district court recently granted a temporary restraining order (“TRO”) against a former employee for misappropriating proprietary and confidential information in violation of the Defend Trade Secrets Act...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

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Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Holland & Knight LLP

Injunctive Relief Denied in Trade Secret Theft Case - Identifying Combination Trade Secrets Require Sufficient Details Describing...

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Chief Judge Frank P. Geraci, of the Western District of New York, recently denied a temporary restraining order and preliminary injunction sought by irth Solutions, LLC (irth Solutions) to protect the "unique combination"...more

Orrick - Trade Secrets Group

One Step Away From Uniform: Taking A Closer Look At Massachusetts’ New Trade Secrets Law

As we reported in August, Massachusetts became the penultimate state to enact the Uniform Trade Secrets Act (UTSA), leaving New York as the sole remaining holdout. Massachusetts’ new law, which took effect October 1, 2018,...more

Holland & Knight LLP

California District Leads Nation in Trade Secret Litigation

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A recent report from Lex Machina, an IP litigation research company, shows that the United States District Court for the Central District of California had more trade secret lawsuits in the last decade than any other district...more

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