When companies sue their former employees for theft they often claim that the former employee’s new employer has conspired with the former employee to misappropriate trade secrets, or that that new employer has aided and abetted the former employee’s breach of duty he/she owed to his/her former employer. Like Woodward and Bernstein, liability “follows the… Continue Reading
Senate and House of Representatives Pass the Defend Trade Secrets Act (DTSA). First federal trade secret bill awaiting presidential signature. More details can be found at the following Forbes article: “The New Defend Trade Secrets Act is the Biggest IP Development in Years,” dated April 28, 2016.
This blog has periodically visited the issue of preemption in trade secret cases. Preemption arises when a plaintiff alleges common law causes of action (such as conversion or interference with economic relations) with a trade secret misappropriation claim that is based on the “same nucleus of facts.” California courts have repeatedly held that California’s Uniform… Continue Reading
You Hire A Top Performing Employee From Your Competitor And Then She Brings Along “Her Team.” You’ve been working for months to recruit a competitor’s star employee. She arrives at your office telling you that she resisted counteroffers and is now on board. Almost immediately, her cell phone begins to ring. Subordinates and co-workers from… Continue Reading
You Lose A Key Employee; And Then Another And Another … One of the company’s highest paid employees has decided to look for greener pastures or even start her own company. She is an “at will” employee without a specific written agreement for a set term. She knows your customers and how to handle and… Continue Reading