Posts tagged CUTSA.
Blogs
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Tenth Circuit Holds That Irreparable Harm Cannot Be Presumed for Trade Secret Injunction
Categories: Defend Trade Secrets Act, Trade Secrets and Confidential Information
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In First Western Capital Management Co. v. Malamed, Case Nos. 16-1434, 16-1465 & 16-1502 (10th Cir. Oct. 30, 2017), the Tenth Circuit Court of Appeals held that a district court erred in issuing a preliminary injunction to a party under federal and state trade secret law where the court presumed that the party would be irreparably harmed absent the injunction.

Ordinarily, in order to obtain a preliminary injunction, a moving party needs to establish, among other things, that it will suffer irreparable harm if the injunction is denied. This requires the party to show that there is a ...

Blogs
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Judge Orders Magic Leap to Be More Precise in Describing the Trade Secrets Former Executive Allegedly Stole
Categories: Trade Secrets and Confidential Information
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A recent decision from the Northern District of California, Magic Leap, Inc. v. Bradski et. al., shows that employers must meet a high standard when filing a California Code of Civil Procedure Section 2019.210 disclosure statement under the California Uniform Trade Secrets Act (“CUTSA”). See California Civil Code § 3426 et seq. The disclosure statement, which does not have a counterpart in the federal Defend Trade Secrets Act, requires a plaintiff to “identify the trade secret with reasonable particularity” before it can conduct discovery of the defendants’ evidence ...

Blogs
Clock 5 minute read
Non-Solicitation Agreements Are Void in California...or Are They?
Categories: Non-Solicit Agreements
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When an employee leaves his or her employment in California, under what circumstances may a former employee solicit his former employer's customers? Can non-solicitation agreements ever be enforceable under California law?
Blogs
Clock 3 minute read
Pre-emption Under The California Uniform Trade Secrets Act
Categories: Trade Secrets and Confidential Information
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A recent California Court of Appeal decision sheds light on whether certain state law claims are pre-empted under the California Uniform Trade Secrets Act.
Blogs
Clock 4 minute read
California Court of Appeal Revisits CUTSA "Preemption" of Other Tort Claims
Categories: Trade Secrets and Confidential Information
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In Angelica Textile Services v. Park, the California Court of Appeal recently addressed the issue of whether a victim of trade secret misappropriation pursuing a CUTSA claim may also pursue other business torts such as breach of the duty of loyalty or conversion against the wrongdoer and found, in a novel way, that CUTSA did not displace a state law claim for conversion of trade secrets.
Blogs
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Failure To Define Trade Secrets Establishes Subjective Bad Faith For Attorneys' Fees Award Under CUTSA
Categories: Trade Secrets and Confidential Information
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California Courts have discretion to award attorneys' fees to a prevailing defendant in a trade secrets action where the commencement or continued prosecution of a trade secrets action is in bad faith. A recent decision underscores that a plaintiff pursuing a trade secret claim in California must be careful that it can actually identify with some particularity what trade secrets have been misappropriated.

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