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Misappropriation Breach of Contract Motion to Dismiss

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: April 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Foley & Lardner LLP

Clear Terms of Franchise Agreement Are Enforced Against Franchisee

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A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors. T&T filed suit in U.S. District Court for the District of Minnesota...more

Holland & Knight LLP

Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

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Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more

Proskauer Rose LLP

Three Point Shot - June 2024

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A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

McDermott Will & Emery

Breach of Confidentiality Claim Survives Motion to Dismiss under Anti-SLAPP Law

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The Court of Appeals of Texas (Fourth District) upheld a trial court’s order denying a motion to dismiss a breach of confidentiality agreement claim pursuant to the Texas Citizens Participation Act (TCPA), which is designed...more

Genova Burns LLC

Court Rules that Employees Cannot Disclose Your Trade Secrets, Even to Themselves

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On August 10, 2020, the District Court for the District of New Jersey in Bramshill Investments, LLC v. Ashley Pullen, 2:19-cv-18288 (D.N.J. August 10, 2020) recently considered a motion to dismiss a complaint against an...more

McDermott Will & Emery

Texas Trade Secret Law May Protect Free Speech, But Not In This Case

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The Third District of the Texas Court of Appeals held that an action by an employer against a former employee for breach of contract and trade secret misappropriation fell within the commercial speech exemption of the Texas...more

Seyfarth Shaw LLP

Pennsylvania Federal Court Finds That Plaintiff’s Trade Secret Misappropriation Allegations Hold Up

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A Pennsylvania federal court recently denied Defendant Synchrony Group, LLC’s motion to dismiss a trade secret lawsuit filed by Plaintiff Jazz Pharmaceuticals, Inc. (Jazz”) holding that Plaintiff sufficiently stated a trade...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

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The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Seyfarth Shaw LLP

Hold My Beer: Ninth Circuit Hears Oral Argument In Trade Secret/Anti-SLAPP Row For A Second Time

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A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more

Seyfarth Shaw LLP

Can Attorneys Be Liable For Directing Clients To Breach Non-Competes? One Federal Court Says Maybe

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In a classic example of bad facts creating bad law, a federal judge in Kentucky recently denied a motion to dismiss claims brought against attorneys who allegedly counseled employees to breach a non-compete agreement and...more

Orrick - Trade Secrets Group

Pushing The Envelope: Eight Circuit Seals The Fate Of Envelope Company’s Trade Secret Claims

On December 8, 2017, the Eighth Circuit rejected trade secrets and other claims related to allegedly stolen customer lists. Applying Missouri state law, the federal appellate court continued the Show-Me State’s tradition of...more

Dickinson Wright

Dickinson Wright Defends Trek, Inc. – An Industrial Equipment Supplier – Against A Motion To Dismiss Or Transfer

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John S.Artz (Member, Troy) and Chelsea M. Smialek (Associate, Washington, D.C.), successfully defended against a motion to dismiss or transfer based on the first-to-file doctrine in a dispute between two suppliers of...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

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Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

Morris James LLP

Court Of Chancery Again Limits Covenant Claims

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Akzo Nobel Coatings Inc. v. The Dow Chemical Company, C.A. No. 8666-VCP (June 5, 2015) This is yet another decision declining to uphold a claim based on the covenant to deal in good faith and fairly....more

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