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Reversal Misappropriation

Sheppard Mullin Richter & Hampton LLP

Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be...

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led...more

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

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A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

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On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

ArentFox Schiff

Federal Court Hits the Brakes on $105 Million Trade Secret Verdict Against Ford Motor Company

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Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that...more

Proskauer - Law and the Workplace

Federal Judge Reverse $105 Million Jury Verdict in Trade Secrets Case

Introduction: Earlier this year, we covered the notable trade secrets verdict in Versata Software Inc. v. Ford Motor Co., No. 2:15-cv-10628 (E.D. Mich. Oct. 26, 2022), in which Versata was awarded $105 million for breach...more

Manatt, Phelps & Phillips, LLP

Third Circuit Reverses Injunction in Trade Secret Misappropriation Suit

The U.S. Circuit Court of Appeals for the Third Circuit took on the misappropriation of trade secrets recently, reversing a district court’s grant of a preliminary injunction halting competition by a company’s rival and two...more

Holland & Knight LLP

Sixth Circuit Offers Guidance to Distinguish Single Continuing Misappropriation Claim from Multiple Claims

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In B&P Littleford, LLC v. Prescott Mach., LLC, No. 20-1449, 2021 WL 3732313 (6th Cir. Aug. 24, 2021) (unpublished), the U.S. Court of Appeals for the Sixth Circuit recently provided guidance as to factors courts should...more

Dorsey & Whitney LLP

(Updated) Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

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Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more

Dorsey & Whitney LLP

Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

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Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts SJC Rules That Employers May Hold Employees Liable for Violating Unfair and Deceptive Trade Practices Law

On April 9, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled that an employee may be liable to his or her employer under the Commonwealth’s unfair and deceptive trade practices statute - which authorizes an award of...more

Farella Braun + Martel LLP

Data Center Business Deals Gone Bad, and the Risks of the “Known in the Industry” Defense

Exploring business partnerships often involves or even requires sharing highly confidential trade secret information. The data center industry is no exception, and its participants have in recent years faced litigation...more

Sunstein LLP

Businesses Beware: Don’t Restrain Former Employees by Exaggerating Your Trade Secret Claims

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The First Circuit seldom delivers opinions on trade secret claims, so employers should pay extra-close attention to the lessons to be learned from the court’s recent decision in TLS Management v. Rodríguez-Toledo...more

Carlton Fields

Florida's Fourth District Gives Protection to an Obvious Secret

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In Mapei Corp. and Southeastern Printing Co. v. J.M. Field Marketing Inc., Florida’s Fourth District Court of Appeal addressed trade secret issues in a dispute among a construction product company (Mapei), its former...more

Seyfarth Shaw LLP

Houston First Circuit Court of Appeals Joins the Growing Trend by Holding that the Pre-Amendment TCPA Does Not Protect Certain...

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In a case following a familiar trade-secret set of facts, on April 28, 2020, the Texas First District Court of Appeals in Houston reversed the trial court’s grant of a motion to dismiss under the Texas Citizens Participation...more

McDermott Will & Emery

Claims for Continued Trade Secret Misappropriation Allowed when Statute Permits Separate Accrual

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The US Court of Appeals for the Third Circuit reversed in part and affirmed in part a district court’s decision that a trademark owner’s infringement claims were time-barred, finding that Pennsylvania applies a separate...more

Ward and Smith, P.A.

Bankruptcy Discharge of Debts for Willful and Malicious Injury

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Can a debtor discharge a debt arising out of a deliberate or intentional act that causes injury to you? A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting...more

Rosenberg Martin Greenberg LLP

In re: Muhs “Willful and Malicious” Does Not Mean “Willful and Malicious”

In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under...more

Seyfarth Shaw LLP

Former Employee Accused of Spilling Secret Beer Recipe in Furtherance of Class Action Cannot Strike Claims Under Anti-SLAPP...

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Last week, the Ninth Circuit finally ruled that a former Anheuser-Busch employee cannot avoid claims filed by the brewer alleging misappropriation of trade secrets and breach of a nondisclosure agreement, the latest in a long...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Seyfarth Shaw LLP

Texas Court of Appeals Rules That Mere Suspicions of Trade Secret Misappropriation Are Insufficient to Trigger the Discovery Rule

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Applying new Texas Supreme Court precedent, a Texas Court of Appeals recently held that a six-year-old cease-and-desist letter alleging trade-secret misappropriation did not constitute proof of knowledge for purposes of the...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Best Best & Krieger LLP

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds - A public official need not be in charge of public funds to be convicted of misappropriating them, the California Supreme Court...more

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