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Category Archives: Injunctions

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The Truth About the “Exceptional” Remedy

Posted in Injunctions, Protecting Trade Secrets and Other Business Information, Unfair Competition

It is a truism that preliminary injunctions are “rare” and “exceptional” remedies.  But rarity is context specific.  As a percentage of cars made, Cobra GTs are rare.  If you are standing in the plant where they are made, however, they are anything but rare.  So, while it may well be true that preliminary injunctions, as… Continue Reading

Another Non-Compete Held Unenforceable

Posted in Covenants Not to Compete in California, Injunctions, Protecting Trade Secrets and Other Business Information

Under California law, non-compete provisions with an employee are generally unenforceable.  Statutory exceptions to this rule include the seller of a business’s goodwill or a membership interest in an LLC.  Courts have also recognized a judicial exception to this rule: where the non-compete is necessary to protect an employer’s trade secret information.  This judicial exception… Continue Reading

Trade Secret Defendants Beware: The Danger of Stipulated Injunctions

Posted in Covenants Not to Compete in California, Hiring a Competitor’s Employees, Injunctions, Protecting Trade Secrets and Other Business Information, Uncategorized, Unfair Competition

The Cruel Lessons of Wanke, Industrial, Commercial, Residential, Inc. v. Keck  (2012) 209 Cal.App.4th 1151 By:      Charles L. Post Defendants in trade secret and unfair competition cases often have fewer resources than the plaintiff companies that bring them.  This is often the case in “classic” trade secret misappropriation scenarios: former employees form a new company… Continue Reading

A House Afire: Preliminary Injunctions and Requests for Expedited Discovery in Employee Defection Cases

Posted in Injunctions

It is common in employee defection and trade secret cases for the plaintiff company to rush into court screaming that a robbery is underway that must be halted by the court.  The plaintiff cries that, absent the immediate intervention of the court, it will be stripped of any effective ability to compete and may be… Continue Reading