One focus of this blog is how an employer’s use of non-compete agreements often runs afoul of California’s Business and Professions Code section 16600. Generally, the employer finds that its “non-compete” agreement will be held unenforceable by a court should it seek to enforce one against a former employee. But what can happen when one
Pleading Around CUTSA Preemption
Readers of this blog will note our frequent reminders that preemption under California’s Uniform Trade Secret Act (“CUTSA”) can threaten other common law claims if not properly pled. A recent decision out of the Eastern District of California in Hat World, Inc. v. Kelly, 2012 U.S. Dist. Lexis 113060 (Aug. 10, 2012) reinforces this position.
Steal Trade Secrets and Go to Jail
While the bulk of trade secret litigation focuses on civil claims and remedies, an article from last week’s Chicago Tribune is a reminder that stealing trade secrets can have serious consequences. The Chicago Tribune story (link here: http://www.chicagotribune.com/business/breaking/chi-chinese-engineer-to-be-sentenced-for-stealing-motorola-secrets-20120719,0,1594304.story) reports that the sentencing for a software developer caught with taking Motorola, Inc.’s trade secrets will
Act on Your Suspicions
Under California law, you must bring an action for trade secret misappropriation within three years after the misappropriation has been discovered or should have been discovered. (Cal. Civ. Code §3426.6.) This means that you must act when you first suspect you are the victim of trade secret misappropriation rather than waiting until you can confirm
LAWSUIT ALERT: Groupon Sues Departing Employees for Taking Trade Secrets
On October 21 2011, Groupon, Inc. sued two former sales managers who left their employment with Groupon to join a competing venture, Google Offers, which was allegedly started by Google after its unsuccessful attempt to buy Groupon. The lawsuit, which was filed in Chicago, Illinois, accuses the two former employees of breaching their employment agreements