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Appellate Courts › Misappropriation

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

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The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

McDermott Will & Emery

Missed Appropriation: Massive Trade Secret Verdict Vacated

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The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Rivkin Radler LLP

Insurance Update - May 20 2024

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Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Axinn, Veltrop & Harkrider LLP

Appian Reimagines The High-Low to Preserve $500M-$2B in Trade Secret Damages

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As the calendar turns to November, a “high-low” (at least here in the basketball capital of the world) usually refers to a basketball play where one player at the high post passes the ball to a second player at the low post...more

King & Spalding

New York Appellate Court Keeps Power Plant Lawsuit Against Lenders Alive

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On July 13, 2023, a New York intermediate appellate court held that Iberdrola could continue pursuing all but one of its claims against a bevy of lenders in connection with a construction contract for a power plant in...more

Warner Norcross + Judd

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

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On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

Wiley Rein LLP

No Coverage Under Claims-Made Policy Where No 'Claim' Made Against Insured During Policy Period

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The Superior Court of Pennsylvania, applying Pennsylvania law, has affirmed a trial court’s decision that coverage is not available under a claims-made policy where no “claim” was made against the insured during the policy...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Upholds Sanctions Against Radio Advertiser For Bad Faith Trade Secrets Claims

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The recent case of Multimedia Sales & Marketing, Inc. v. Marzullo, et al., — N.E.3d —-, 2020 IL App (1st) 191790 (1st Dist. Dec. 21, 2020), demonstrates the peril that attorney fees sanctions present for litigants who bring...more

McDermott Will & Emery

Texas Appellate Court Clarifies Scope Of Remand

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The Texas Fourth Court of Appeals found that a new trial on misappropriation and fraud claims must include a non-appealed breach of contract claim arising from the same set of facts. Title Source, Inc. v. HouseCanary, Inc.,...more

McDermott Will & Emery

Attorney’s Fees Properly Awarded in Unsuccessful Trade Secret Misappropriation and Civil Theft Suit

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The US Court of Appeals for the Fifth Circuit affirmed a take-nothing judgment and an attorney’s fees award against plaintiffs in a trade secret misappropriation and civil theft suit under Texas law, finding that the fee...more

Fox Rothschild LLP

The Fourth Circuit Issues Litigants A Strong Reminder Of The Risks Associated With Failing To Preserve Evidence

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On July 16, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision highlighting the critical need for litigants to preserve evidence once notified of a potential lawsuit, and the serious ramifications...more

McDermott Will & Emery

Damages Award Crumbles in Texas Concrete Manufacturing Row

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The Supreme Court of Texas held that a limited partner had standing to sue for alleged loss in the value of its interest in the partnership, but reversed a damages award in favor of that limited partner for insufficient...more

McDermott Will & Emery

Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas

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The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the...more

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