Readers of this blog know that we frequently discuss the doctrine of preemption under the California Uniform Trade Secrets Information Act. That is, a claim for trade secret misappropriation will preempt any other common law claims based on the “same nucleus of facts.” However, a recent decision in Jobscience, Inc. v CVPartners, Inc., N.D.
California Uniform Trade Secret Act (“CUTSA”)
Attorneys’ Fees For “Bad Faith” Trade Secret Claims: How Pre-Discovery Disclosures Can Help
By Dale Campbell on
Posted in Trade Secrets and Competition
A central issue in all trade secret litigation is the adequacy of a plaintiff’s pre-discovery disclosure of the alleged trade secrets required by California Code of Civil Procedure section 2019.210. Section 2019.210 provides that a plaintiff suing for misappropriation of trade secrets must identify the alleged trade secrets with “reasonable particularity” before commencing discovery. The…
Pleading Around CUTSA Preemption
By James Kachmar on
Posted in Trade Secrets and Competition
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.
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CUTSA Preemption: Plead Alternatives; Have Alternatives
By Charles L. Post on
Posted in Trade Secrets and Competition
I can say “CUTSA preemption” and see eyes begin to immediately glaze over. Even those who follow trade secrets closely sometimes have to stifle a yawn when it comes to CUTSA preemption.
Boring or not, CUTSA preemption should be understood by those who seek to protect their trade secrets. Both federal and state courts have…
Courage or Folly? Superior Court Awards Significant Attorney’s Fees Against a Defeated Trade Secret Plaintiff
By Charles L. Post on
Posted in Trade Secrets and Competition
It is sometimes difficult to distinguish arrogance or hubris from their close cousin, courage and perseverance. When a Court looks back over a plaintiff’s unsuccessful prosecution of a trade secret case for purposes of determining an award of attorney’s fees, that postmortem evaluation of the plaintiff’s case can make for some disturbing reading.
Recently, in…