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Misappropriation Punitive Damages

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Farrell Fritz, P.C.

Commercial Division Grants $1 Million Punitive-Damage Award for Diversion of Company’s IP in Breach of Fiduciary Duty

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A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded. In Hall v Middleton,...more

Dorsey & Whitney LLP

Poaching Employees Landed Generator Maker into Hot Water

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In a recent trade secrets litigation in the United States District Court in the Northern District of California, a jury awarded the plaintiffs 40 million dollars, half of which was punitive damages. The Court also...more

Sheppard Mullin Richter & Hampton LLP

The Developing “Avoided Costs” Remedy in Trade Secret Litigation

Should a defendant found liable for stealing trade secrets have to fork over all of the research and development costs it theoretically avoided by misappropriating the secrets? Yes, according to the “avoided costs” theory of...more

McDermott Will & Emery

NDA Sunset Provision Means Trade Secret Use May Not Be Misappropriation

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The US Court of Appeals for the Ninth Circuit reversed a district court ruling in a trade secret misappropriation case based on a non-disclosure agreement (NDA) that resulted in an award of more than $60 million, ruling that...more

A&O Shearman

Significant damages judgments highlight the trends of trade secret enforcement in China

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The IP Tribunal of the Chinese Supreme Court currently presides over the appeals of all technical IP cases in China. In two recent trade secret judgments, the Supreme Court affirmed the finding of misappropriation and awarded...more

McDermott Will & Emery

$6 Million Verdict Vacated in Flooring Tech Trade Secrets Row

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The US Court of Appeals for the 11th Circuit reversed a judgment of trade secret misappropriation because the plaintiff had not proved that the defendant’s duty to maintain the secret arose at the time it acquired the secret....more

McDermott Will & Emery

Trade Secret Misappropriators Fail to Launch in Rocket Facility

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Addressing a variety of challenges to a judgment against defendants in a trade secret misappropriation action, the US Court of Appeals for the Third Circuit found that the plaintiff had standing on the basis of lawful...more

Proskauer - Law and the Workplace

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of...more

Patton Sullivan Brodehl LLP

Courts Split Over Application of Penal Code to Claims of LLC Misappropriation

Almost one year ago, in Switzer v. Wood, California’s Fifth Appellate District held that an LLC manager or member participating in the theft of the LLC’s property could face liability under Penal Code section 496 — a statute...more

Spilman Thomas & Battle, PLLC

Trade Secret Misappropriation and Employee Fiduciary Breach in ASML v. XTAL Results in Large Judgement

On May 3, 2019, following a jury verdict rendered last November, a Santa Clara, California court entered a final judgment for $845 million in favor of semiconductor maker, ASML, in its suit against rival, XTAL, for stealing...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

Zuckerman Spaeder LLP

Is A Twitter Account An Employer’s Trade Secret? Yes, Says Media Company

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Companies zealously guard their trade secrets and other information that gives them a competitive edge. And as we’ve covered in prior posts, companies often resort to the courts to protect this kind of information....more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

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Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Fisher Phillips

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

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Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

Clark Hill PLC

Texas Supreme Court Announces New Rule for Exemplary Damages

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The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

Lathrop GPM

Missouri Bank Hit for Punitive Damages & Found Liable for Fiduciary’s Misappropriation of Funds

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In Delarosa v. Farmer's State Bank, the Missouri Court of Appeals, W.D., expounded upon the duty imposed upon Missouri Banks under § 469.270 of the Missouri's Uniform Fiduciaries Law ("UFL"). Specifically, the court addressed...more

Burr & Forman

Eight-Figure Judgments in Trade Secret Cases – Do We Have Your Attention Now?

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The conventional wisdom among attorneys and litigants in the noncompete and trade secret arena is that the cases are all about the injunctions, usually at the TRO and interlocutory injunction stage. Some judgments handed...more

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