Robert A. Bleicher

Robert A. Bleicher

Carr McClellan P.C.

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Latest Publications


Maintaining Trade Secret Confidentiality in Litigation

Early Monday morning you learn that Jane, your former employee, has stolen your company’s confidential information and her new employer is using it. You call your lawyer and tell her that you want to put Jane in jail. Your...more

6/24/2015 - Confidential Information Former Employee Litigation Strategies Preliminary Injunctions Protective Orders Sealed Records Trade Secrets Trial Preparation Uniform Trade Secrets Acts Young Lawyers

Non-Disclosure Agreements: How to Properly Execute the Silicon Valley Handshake

Non-disclosure agreements (NDA) have become so commonplace that they are now referred to as the “Silicon Valley Handshake.” Indeed, it would seem that every third party transaction commences with the presentation of one or...more

5/6/2014 - Non-Disclosure Agreement Restrictive Covenants

Hearsay Statements Increase an Employer’s Risk in California

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section...more

2/21/2014 - ADEA Age Discrimination Employer Liability Issues Hearsay

Wrongful Discharge In California: A longer commute may mean that the new job doesn’t mitigate damages

Most California employers (and their counsel) likely believe that an employee who obtained new employment in the same business at a higher salary with a promotion that required similar skills would have obtained employment...more

12/17/2013 - Hiring & Firing Loss Mitigation Lost Wages Mitigation Termination

Employee Arbitration Agreements in California: Employers, Don’t Put Your Thumb on the Scale

Recent decisions by the California Supreme Court, the Ninth Circuit Court of Appeals, and the California Court of Appeal demonstrate that California courts will scrutinize and find unconscionable employee arbitration...more

11/12/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Employee Rights Employment Contract SCOTUS

California Court of Appeal Clarifies the Limits of Statutory Trade Secret Displacement (Supersession)

In a case whose facts plainly compelled the outcome, California’s Fourth Appellate District held on October 15, 2013 in Angelica Textile Services, Inc. v. Jaye Park, No. D062405 that a claim for trade secret misappropriation...more

10/18/2013 - Breach of Contract Competition Fiduciary Duty Misappropriation Non-Compete Agreements Tortious Interference Trade Secrets Unfair or Deceptive Trade Practices Uniform Trade Secrets Acts

California Affirms Employer Arbitration Agreement, Providing Guidance

Providing further clarity for the enforceability of arbitration agreements in employment contracts, California’s First District Court of Appeal upheld a boilerplate arbitration clause in Peng v. First Republic Bank, No....more

10/9/2013 - Arbitration Arbitration Agreements Contract Drafting Employment Contract Unconscionable Contracts

Preparation Counts: Two Courts Reaffirm the Benefit of Identifying and Taking Steps to Protect Trade Secrets

Two recent decisions emphasize yet again the value of defining and taking steps to protect a company’s trade secrets. On May 16, 2013, Judge England issued a preliminary injunction in Farmers Insurance Exchange v....more

6/7/2013 - Customer Lists Data Protection Misappropriation Non-Disclosure Agreement Preliminary Injunctions Punitive Damages Trade Secrets

Ninth Circuit Raises the Stakes in California Anti-SLAPP Motions

On April 17, 2013, the Ninth Circuit issued an important anti-SLAPP decision in Makaeff v. Trump University, LLC, No. 11-55016 that raises the bar for parties seeking to defeat a California anti-SLAPP motion in District...more

4/30/2013 - Advertising Anti-SLAPP Defamation Universities

Theft of Trade Secrets Clarification Act of 2012: A Powerful New Weapon for Businesses

On December 28, 2012, the President signed the Theft of Trade Secrets Clarification Act of 2012, which significantly expands trade secret protection by extending criminal penalties to the theft of a wider class of trade...more

2/5/2013 - Economic Espionage Act Theft Theft of Trade Secrets Clarification Act Trade Secrets

An Arbitration Clause Means I Won’t Be In Court. Maybe Not.

Businesses choose contractual arbitration for many practical reasons: it’s seen as a cheaper, faster and more confidential alternative to traditional litigation, and it avoids the emotions of a jury. Arbitration, of course,...more

12/21/2012 - Arbitration Agreements Choice-of-Law Federal Arbitration Act

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