185 results for 'nos:"Defend Trade Secrets Act of 2016 (DTSA) - Property Rights"'.
J. Bredar denies in part an IT and security contracting firm's motion to dismiss allegations of trade secret violations brought by an electrical contracting company. The company claims that nine of its former staff systematically left their positions to work for the firm in under a year, taking with them competitive pricing information. The firm argues that it cannot be blamed for trade secrets violations because the company it has not established that the information is economically valuable enough nor did the company safe guard it well enough. However, the company has shown the allegedly stolen information has had a negative impact on its profits and that its confidentiality measures for information sharing are practically airtight.
Court: USDC Maryland, Judge: Bredar, Filed On: September 21, 2023, Case #: 8:22cv2363, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. DeGravelles denies a request by the founding president and majority owner of an environmental services company to dismiss its trade secrets theft lawsuit against him, his daughter and a competitor he started. Because an earlier age-discrimination complaint by the founding president against the first environmental services company he started and that company’s present suit against him “do not arise” from the same set of operative facts, the company now suing its founder was not required by rules of procedure to bring its theft claims as counterclaims-in-reply.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 21, 2023, Case #: 3:22cv866, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Environment, Trade Secrets
J. Du denies the former employee's motion to dismiss the employer's suit alleging that he stole its trade secrets and confidential information to unfairly compete in the Nevada mining company transportation market. Dismissal on the basis of Nevada’s Uniform Trade Secrets Act preemption is premature. The employer has sufficiently pled its claims and is entitled to plead alternative statutory and non-statutory theories of relief even when theories are duplicative. Deceptive Trade Practices claims are dismissed, as there are no allegations as to when or where misrepresentations were made, or to whom.
Court: USDC Nevada, Judge: Du , Filed On: September 20, 2023, Case #: 3:22cv15, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Transportation
J. Ashe grants a request by a company that provides information technology and internet phone services, dismissing unfair trade practice claims brought by two former employees who started a rival business. The ex-employees allege their old bosses are suing for theft of trade secrets as a way to “destroy” a competitor in the absence of viable non-compete agreements. Given the facts and circumstances of the case, particularly the ex-employees' failed request for summary judgment, the filing of the IT company’s theft claims against them does not rise to the level of an unfair trade practice under state law.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: September 20, 2023, Case #: 2:23cv1486, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition
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J. Sargus denies the decorative metal products company's motion to dismiss, ruling the contract claim related to the technology company's confidential information is plausible. The nondisclosure agreement between the parties did not allow for public disclosure of the metal stamping technology, such as that included in the metal company's patent application, but allowed only for transfer of such information between the two parties.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 15, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Patent, Trade Secrets, Contract
J. Dorsey grants the private equity investment firm's motion for a temporary restraining order prohibiting its former employee from sharing confidential information, directing him to return it. The firm has shown a likelihood of success on its claim that trade secrets were misappropriated when the employee downloaded confidential files. The district court also grants the firm's motion to seal an exhibit to its motion and to conduct early discovery before a preliminary injunction hearing as releasing the information could potentially damage the firm.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 15, 2023, Case #: 2:23cv1339, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Securities, Trade Secrets, Discovery
J. Hernandez denies the former employees' motion to strike allegations from the complaint, claiming they are statements made during settlement negotiations, from the outerwear company's lawsuit alleging the former employees downloaded numerous confidential documents from their work computers in violation of the non-competition provisions of their contracts. The former employees do not present enough evidence to clarify when the outerwear company made these allegations or when the negotiations began.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 12, 2023, Case #: 3:23cv594, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Richard Nelson denies the former employee's motion to dismiss the employer's claims against him related to his separation from the employer following the sale of his business to the employer. The employer's conversion, civil theft, unjust enrichment and unfair competition claims are not displaced by the Minnesota Uniform Trade Secrets Act since they are not based solely on misappropriation of trade secrets. The employer has also adequately pleaded a common-law duty of confidentiality, and the independent duty rule does not apply since the parties do not have an outstanding contract.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: September 7, 2023, Case #: 0:23cv614, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Conversion
J. Richardson grants, in part, the employer's motion to dismiss counterclaims, ruling the declaratory judgment claim brought by the competitor is based on the same set of facts as the contract claim brought in the initial suit and, therefore, is duplicative.
Court: USDC Connecticut, Judge: Richardson, Filed On: September 7, 2023, Case #: 3:22cv203, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Hicks denies the home health provider's motion to dismiss this suit involving misappropriation of trade secrets and breach of contract claims stemming from former employees' alleged conspiracy to open a home health business using the service's trade secrets and confidential business information. The service has plausibly pleaded the employees disrupted some of its pre-existing contracts with employees and contractors, and has adequately pleaded damages such as lost profits and lost benefits from the interrupted contracts.
Court: USDC Nevada, Judge: Hicks , Filed On: August 25, 2023, Case #: 3:22cv333, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Health Care, Trade Secrets, Contract
J. Gallagher grants dismissal of a counter motion of misappropriation of trade secrets allegations brought by a landscaping company against a competitor. The counter movant claims its information was compromised when a former employee accessed a current employee’s email at the request of the competitor. However, the only breaches were a customer list and staff payment information, which do not amount to trade secrets.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 16, 2023, Case #: 1:22cv176, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Commerce, Trade Secrets, Business Practices
J. Marbley grants, in part, the recently formed IT company's motion for summary judgment on in a breach of contract and trade secrets case, ruling that because the parent company was not a party to the noncompete contracts signed by employees of the IT company it acquired, it cannot seek to enforce them in this litigation. However, the trade secrets claim regarding pricing documents must be submitted to a jury because there are questions of fact as to whether the pricing information has sufficient economic value to be considered a trade secret.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 14, 2023, Case #: 2:22cv3838, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Davila allows some claims to continue in Apple's trade secret and contract complaint against Rivos for allegedly targeting and soliciting Apple employees familiar with Apple's chip design trade secrets. Claims cannot continue against former Apple employees who retained Apple information on their synced drivers, as that conduct does not rise to the level of trade secret theft. However, claims may proceed against employees who transferred confidential information to their personal software repositories before leaving Apple.
Court: USDC Northern District of California, Judge: Davila, Filed On: August 11, 2023, Case #: 5:22cv2637, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Jolson grants, in part, the decorated metal products company's motion to compel, ruling the competitor must provide a more detailed answer to the first interrogatory regarding the number of steps in its newly patented decoration procedure to determine whether it infringes on the metal products company's patent or is a proprietary trade secret.
Court: USDC Southern District of Ohio, Judge: Jolson, Filed On: August 8, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery