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.
…
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…
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…
