16 results for 'cat:"Fraud" AND cat:"Trade Secrets"'.
J. Ellis partially grants the sued trading platform’s motion to dismiss the suing financial technology company’s allegations of trade secrets misappropriation. The fintech firm accuses the trading platform of violating a prior contract to market the plaintiff’s trading software, specifically a clause prohibiting reverse-engineering the software. The court finds the fintech firm has sufficiently stated claims under the Illinois Trade Secrets Act and federal Defend Trade Secrets Act, but that these same claims preempt allegations of tortious interference with economic advantage, unfair competition, fraud and unjust enrichment.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: May 2, 2024, Case #: 1:23cv14192, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, trade Secrets, Tort
[Consolidated.] J. Gibbons finds the lower court erroneously dismissed the false advertising claims filed by the windshield repair sealant manufacturer against the auto glass replacement company. Affidavits from commercial customers about statements made by the glass replacement company about the efficacy of sealant on cracks longer than six inches are sufficient to establish causation in the mind of a reasonable juror. Meanwhile, the Ohio Uniform Trade Secrets Act counterclaim filed by the glass replacement company was also improperly dismissed because the company had no reason to believe any of its trade secrets had been stolen by a former employee until his deposition in this litigation, which rendered the counterclaim timely. Reversed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: January 16, 2024, Case #: 22-3204, Categories: Civil Procedure, fraud, trade Secrets
J. Hightower partially grants a company’s motion to strike a competitor’s reply brief after it sued that competitor for alleged misappropriation of trade secrets and other claims because the first company argues that the reply, which includes more than 230 pages of exhibits, “includes reams of new evidence improperly introduced for the first time on reply.”
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 4, 2024, Case #: 1:22cv1327, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, trade Secrets, Jurisdiction
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J. Lin dismisses the chemical distribution company's Computer Fraud and Abuse Act claim in its complaint alleging that the former salespeople conspired to use the company's trade secrets for a new company and that they "permanently deleted" company emails even after the chemical distribution company ordered them not to. The chemical distribution company argues that the former salespeople violated a use restriction, which is an argument that both the 9th Circuit and the U.S. Supreme Court rejected in similar cases.
Court: USDC Western District of Washington, Judge: Lin, Filed On: December 19, 2023, Case #: 2:23cv775, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, trade Secrets
J. Barbier grants a request by a Texas-based corporation to dismiss theft of trade secrets claims by a Louisiana based-HVAC goods and service business. The complaint does not explain exactly what actions or conduct by the Texas corporation could constitute egregious actions involving elements of fraud, misrepresentation, deception or other unethical conduct, which would violate Louisiana’s law against unfair trade practices. Instead, the HVAC business accuses it of stealing information about the design and production of its product without any supporting evidence, which is insufficient for a determination of whether the Texas company’s conduct was unfair and violative of public policy.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: December 15, 2023, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, trade Secrets, Unfair Competition
J. Wicks grants a motion to disqualify an attorney from acting as defense counsel for a group of companies named in a civil lawsuit brought by a series of car dealerships that alleges an illegal racketeering scheme to setup a separate group of car dealerships by stealing the dealers’ funds, employees and trade secrets. The court finds the attorney is barred under the advocate-witness rule, as he is a necessary witness who will be called upon to provide testimony regarding acts of fraud that he allegedly committed in furtherance of the scheme.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 1, 2023, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, trade Secrets, Racketeering
J. Vatti denies, in part, the automotive store's request for damages, ruling the alteration of inventory records by the former employee does not constitute misappropriation of trade secrets under federal law and prevents any damages on that count. Although the overpayments for used vehicles were supported by evidence in the record, the requested damages must be reduced by the previously agreed upon settlement amounts and results in a total award of over $885,000 in compensatory damages.
Court: USDC Connecticut, Judge: Vatti, Filed On: October 17, 2023, Case #: 3:19cv1345, NOS: Other Statutory Actions - Other Suits, Categories: fraud, trade Secrets, Damages
J. Gutierrez partially grants the higher education institutions' motion for default judgment for their complaint alleging that the employees used their access to the institutions' trade secrets and confidential information to induce their clinical partners to use a competitor's services. The institutions seek $808,600 in compensatory damages under their misappropriation of trade secrets and fraud claims, but they do not have sufficient evidence to prove associated compensatory damages due to untraceable calculations, so they receive $681,000 in compensatory damages.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: October 6, 2023, Case #: 2:21cv698, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, trade Secrets, Damages
J. Nelson grants the disaster recovery corporation a temporary restraining order against its former employees in a trade secrets lawsuit. The corporation shows a likelihood of irreparable harm because the alleged actions of the former employees caused a mass resignation of employees from the corporation, which in turn has impacted ongoing projects and has led to discontent customers.
Court: USDC Oregon, Judge: Nelson, Filed On: August 3, 2023, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: fraud, trade Secrets, Restraining Order
J. Seeger partially grants a pair of former executives' motion to dismiss fraud, conversion and conspiracy charges brought by the packaging company they once led. The company filed the charges against the former executives, both of whom it previously let go, after discovering they had set up a digital back door into its confidential files. This back door, in the form of a bogus employee email account, allowed the executives to access company information long after they had been let go. The company has plausibly alleged its fraud claims, but its conversion and civil conspiracy claims are both blocked by the Moorman doctrine.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 26, 2023, Case #: 1:22cv6858 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, trade Secrets, Conversion
J. Walker finds that the lower court properly found that former employees did not violate the Trade Secrets Act by soliciting business from seven of the plaintiff staffing company's customers because customer and employee information was readily obtainable from temporary employees. Further, there is no evidence the former employees misrepresented any information to customers. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: June 23, 2023, Case #: 220533, Categories: fraud, trade Secrets
J. Wang dismisses misappropriation of business opportunities claims an energy services organization brought after three employees left to work for a competitor. The organization contends employees were “diverting commodity purchase contracts with crude oil producers" but failed to identify a sufficient injury to establish standing.
Court: USDC Colorado, Judge: Wang, Filed On: June 5, 2023, Case #: 1:22cv650, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, trade Secrets