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Recent California Case Highlights Standards for Trade Secret Misappropriation Cases

Posted in Trade Secrets

The U.S. District Court for the Northern District of California recently denied a plaintiff’s motion for summary judgment that a former employee had misappropriated trade secrets when he left to work for a competitor, and granted the defendant’s crossmotion for summary judgment. The case provides a useful overview of the evidence needed to support a violation of the California Uniform Trade Secrets Act (CUTSA).

Are Restrictive Covenants Enforceable in California? It Depends.

Posted in Restrictive Covenants, State Law, Trade Secrets

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.

What Can We Learn From the Cluster of Recent Trade Secret Theft Cases?

Posted in Trade Secrets

To borrow from a classic song: There’s something happening here. What it is ain’t exactly clear.” Last Thursday, a federal district judge sentenced a former DuPont employee to 18 months in jail, following a guilty plea of stealing trade secrets relating to DuPont’s Kevlar products. A few weeks earlier, the U.S. Attorney for New York’s Southern District… Continue Reading