trade secret misappropriation

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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…

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.…

An employee of a Bay Areas executive recruiting firm who left to start his own firm was sentenced to one year in prison after being found guilty of trade secret theft and unauthorized computer access crimes.  David Nosal was a former managing director at Korn/Ferry International and left in 2004 to start his own firm. …

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…

Prior blog posts have addressed the issue of when a court may award attorneys’ fees in a trade secret misappropriation case.  Under the California trade secret statute, the court may award attorneys’ fees where there has been a willful and malicious misappropriation of plaintiff’s trade secrets or when a trade secret misappropriation claim is brought…