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Confidential Information › Irreparable Harm

Lathrop GPM

Utah Federal Court Denies Franchisor’s Motion for Preliminary Injunction Against Competitor

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A federal court in Utah denied a requested injunction in a dispute between competitors in the gourmet cookie market. Crumbl LLC v. Dirty Dough LLC, (D. Utah Aug. 11, 2023)....more

McGuireWoods LLP

Finding Irreparable Harm: 5th Circuit Vacates Refusal to Enter Preliminary Injunction

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Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more

Seyfarth Shaw LLP

Fifth Circuit Spares Trade Secrets Suit, But Clarifies That Specific Evidence of Irreparable Harm Must Support Request for...

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In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants...more

McDermott Will & Emery

Preliminary Injunction, Meet Irreparable Harm

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The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

Willcox & Savage

Wait, Why Am I Signing this NDA Again? The Basics of Confidentiality Agreements

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NDAs are everywhere in M&A and other commercial transactions, but disclosing parties occasionally forget the original reasons for signing an NDA and, as a result, key clauses may be dropped. An occasional refresher on NDA...more

Dunlap Bennett & Ludwig PLLC

Key Aspects of a Non-Disclosure Agreement (NDA)

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A non-disclosure agreement (“NDA” or “confidentiality agreement”) is a legally enforceable contract that creates a duty for one or more parties to keep certain information confidential. The party disclosing the confidential...more

Orrick - Trade Secrets Group

Preliminary Injunction Challenge: Showing Irreparable Harm Even When the Defendant Proactively Takes Steps to Remediate

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A preliminary injunction motion recently filed in the Eastern District of Virginia paints a fascinating story of alleged trade secret theft by a direct competitor in the ultra-competitive field of gas turbines, and the...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more

Womble Bond Dickinson

Defend Trade Secrets Act: Recent Developments Raise Questions About Inadvertent Disclosure

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The Defend Trade Secrets Act (“DTSA”), signed into law last year by President Obama, revolutionized intellectual property law by creating a new civil cause of action permitting trade secret owners to sue for misappropriation...more

Seyfarth Shaw LLP

Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases

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The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more

Blank Rome LLP

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

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One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

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