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Try CasePortal for FreeJ. Grant finds that the district court improperly dismissed the company's breach of contract and trade secrets action against the ex-employee and the competitor arising after they allegedly stole trade secrets about the company's government contract to improve the competitor's bid for the same contract. The company and the competitor are both tribally-owned businesses. Since the competitor's alleged misconduct is related to its participation in the business development program, the company's trade secrets claims fall under the scope of the competitor's sovereign immunity waiver. The district court incorrectly failed to consider the enforceability of the forum selection clause naming an allegedly nonexistent tribal court as the proper forum before dismissing the breach of contract claim against the ex-employee. Reversed.