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Trade Secrets › Motion to Dismiss

A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets'... more +
A Trade Secret is any information, not generally known or easily ascertainable, by which an enterprise develops an economic advantage over competitors or customers. In order to maintain trade secrets' protected legal status, enterprises must make reasonable efforts to keep the information secret and prevent unnecessary disclosure.  Trade Secrets may include processes, formulas, methods, designs, patterns, et cetera.   less -
Holland & Knight LLP

Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

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Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2023

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Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

McDermott Will & Emery

Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law

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The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed...more

McGlinchey Stafford

Do I have a State Court Standing Defense? - McGlinchey Commercial Law Bulletin - July 27 2022

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Ohio- In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note was rendered moot because the debtor’s debt was...more

McDermott Will & Emery

The Plot Plot Thickens: Trade Secret, Tortious Interference, Fiduciary Duty Claims Survive Motion to Dismiss

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A judge from the US Court of Appeals for the Third Circuit sitting by designation in the US District Court for the District of Delaware denied a motion to dismiss claims of misappropriation of trade secrets, tortious...more

McDermott Will & Emery

What Does it Take to Plead Trade Secret Misappropriation Under the DTSA?

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Addressing the pleading standard under the Defend Trade Secrets Act (DTSA) and New Jersey Trade Secrets Act (NJTSA), the US Court of Appeals for the Third Circuit vacated the district court’s dismissal of a third amended...more

McDermott Will & Emery

Texas Citizens Participation Act Does Not Protect Communications about Private Transactions

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The Texas Court of Appeals in the 14th Circuit denied an interlocutory appeal from the trial court’s denial of a motion to dismiss under the Texas Citizens Participation Act (TCPA), holding that TCPA does not protect...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

ArentFox Schiff

District of Massachusetts Rules No Preemption Under the MUTSA

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The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA). In a case of first impression, the District of Massachusetts considered whether the recently enacted...more

Holland & Knight LLP

Dismissal Denied in California DTSA Case Involving Production of Alleged Trade Secret Documents in Discovery

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The U.S. District Court for the Central District of California recently denied a motion to dismiss a claim brought under the Defend Trade Secrets Act (DTSA). In Falcon Woods, LLC v. Gooding & Co., Case No. 2:20-cv-02226-SVW,...more

Epstein Becker & Green

Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: a Court Rules Information Must...

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In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify...more

Genova Burns LLC

Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves

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On August 10, 2020, the District Court for the District of New Jersey in Bramshill Investments, LLC v. Ashley Pullen, 2:19-cv-18288 (D.N.J. August 10, 2020) recently considered a motion to dismiss a complaint against an...more

Fox Rothschild LLP

Judge Andrews Finds Plaintiff Failed To Plead A Plausible Trade Secret Misappropriation Claim

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By Memorandum Order entered by The Honorable Richard G. Andrews in Lithero, LLC v. AstraZeneca Pharmaceuticals LP, Civil Action No. 19-2320-RGA (D.Del. August 13, 2020), the Court found that Plaintiff failed to plead a...more

Orrick - Trade Secrets Group

This Trade Secret Suit Doesn’t Infringe on Free Speech

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Can defendants use anti-SLAPP statutes to dismiss meritorious trade secrets misappropriation lawsuits? A recent decision by the Fifth District Court of Appeals in Dallas suggests not....more

Seyfarth Shaw LLP

CBD Company Files Motion to Dismiss in Trade Secret Dispute

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On February 18, 2020, Medterra CBD filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resource”) proprietary formula for a CBD cream aimed at...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

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Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Seyfarth Shaw LLP

The Halcyon Days Are Over: Texas Courts of Appeals Narrow the Application of the TCPA’s “Commercial Speech” Exception Even as the...

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In a trilogy of recent cases, the Texas Courts of Appeals have employed the “commercial speech” exception to exclude certain business claims from the scope of the Texas Citizen’s Participation Act (“TCPA”). This trend will...more

Orrick - Trade Secrets Group

Pleading “Sufficient Particularity”: Technical Trade Secrets Require More

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It’s common sense that, to protect a trade secret, the information must remain secret. However, when trade secret misappropriation claims arise and litigation ensues, the court and the parties involved need to understand at...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

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On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Orrick - Trade Secrets Group

Huawei Alleges “Selective Prosecution” by the DOJ

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In January of this year, the DOJ indicted the Chinese telecom giant Huawei on counts of theft of trade secrets conspiracy, attempted theft of trade secrets, wire fraud, and obstruction of justice. On August 1, Huawei moved to...more

Morris James LLP

Superior Court CCLD Addresses Pleading Standards for Trade Secret, Fraud and Implied Covenant Claims

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Brightstar Corp. v. PCS Wireless, LLC, C.A. No. N18C-10-250 PRW CCLD (Del. Super. Ct. Aug. 7, 2019). Brightstar and PCS, two competitors that distribute new and pre-owned mobile devices, entered into a buy/sell agreement...more

McDermott Will & Emery

Texas Trade Secret Law May Protect Free Speech, But Not In This Case

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The Third District of the Texas Court of Appeals held that an action by an employer against a former employee for breach of contract and trade secret misappropriation fell within the commercial speech exemption of the Texas...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

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The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Knobbe Martens

Coda Development v. Goodyear Tire & Rubber

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Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

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