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
CUTSA
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…
California Uniform Trade Secrets Act Preemption: Golden Bullet or Much Ado About Nothing
By Charles L. Post on
Posted in Trade Secrets and Competition
It is common for plaintiffs in employee-related trade secrets and unfair competition cases to allege something of a grab bag of statutory and common law theories. Often, claims of misappropriation of trade secrets, intentional interference with economic advantage, breach of duty, and common law unfair competition will be based on the same set of facts…