Sometimes a defendant accused of trade secret misappropriation can defend on the basis that it has “reversed engineered” the alleged trade secret information and therefore did not misappropriate it. For instance, a defendant may be able to establish that it examined plaintiff’s product and then using its own know-how, time, energy and independent resources was
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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…
Breaking News for Employers: The Comcast Class Action is Off the Air
By Ramona Carrillo on
Posted in Labor Law, Wage & Hour
The Supreme Court shut down a proposed class action against Comcast last week, another step in the right direction for employers faced with class action lawsuits. (Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013).)Continue Reading Breaking News for Employers: The Comcast Class Action is Off the Air
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…