District of Connecticut Addresses Trade Secret Act Preemption

The Uniform Trade Secrets Act preempts tort and other claims providing civil remedies for trade-secret misappropriation. But it does not preempt breach-of-contract claims (whether or not based on misappropriation) or other civil remedies not based on misappropriation. Essentially, the UTSA and the parties’ contracts are the only mechanisms for remedying trade-secret misappropriation. This preemption issue […]

Announcement: The Trade Secrets Law Blog Is Now Called “Protecting Trade Secrets”

I’m making some changes around here, starting with the blog’s new title: Protecting Trade Secrets. That’s the blog’s purpose, and now that’s the blog’s title. Also, the blog can now be found at http://www.protectingtradesecrets.com, as well as the old url of http://www.tradesecretslaw.wordpress.com. In the near future, I’m going to be transitioning the blog entirely to […]

Major League Baseball Employee Handbook: Trade Secrets An Afterthought

Major League Baseball’s employee handbook was leaked to the sports blog Deadspin. While this is not so great for MLB, it’s nice for us, since we get an inside look at how a high-profile company handles a variety of employement-related issues. It’s an interesting read on a lot of levels, but I’m going to focus […]

Customer Lists as Trade Secrets: What Protections Are Sufficient?

Customer lists are frequently a source of trade-secret-misappropriation litigation. Under the Uniform Trade Secrets Act, a plaintiff must establish that it took reasonable efforts to protect its customer list. In Farmers Ins. Exchange v. Steele Ins. Agency, Inc., 2013 WL 2151553 (E.D. Ca. May 16, 2013), the court found that Farmers reasonably protected its customer list. […]

A Cautionary Tale About Sharing Trade Secrets With Consultants — Fifth Circuit Affirms $44 Million Verdict

Last week, the Fifth Circuit affirmed a Texas jury verdict awarding the plaintiff, Wellogix, Inc, $26.2 million in compensatory damages and $18.2 million in punitive damages on its claim against Accenture, LLP for misappropriation of trade secrets. This case was decided under Texas law. Because Texas just adopted the Uniform Trade Secrets Act, I’m not going […]

Kentucky Court Finds No Insurance Coverage for Trade-Secrets Claim

When a company faces a lawsuit, often one of the first questions asked is whether the company’s insurance policies cover the suit. In Liberty Corp. Capital Ltd. v. Security Safe Outlet, Inc., 2013 WL 1311231 (E.D. Ky. March 27, 2013), the court found that a commercial general liability policy did not cover a claim for misappropriation of […]

Guest Post: Florida Court Discusses Trade Secrets in Discovery

By Solomon Genet Trade-secrets issues often arise in cases that have nothing to do with misappropriation. Thus, all litigators need to know how to protect their clients’ trade secrets in discovery. In a very recent Florida appellate court decision, Cooper Tire & Rubber Co. v. Cabrera et al., (Fla. 3d DCA May 8, 2013),  the […]

Georgia Supreme Court Rejects Independent Claim for Inevitable Disclosure of Trade Secrets

Under the inevitable-disclosure doctrine, a plaintiff can prove trade-secret misappropriation by showing that the defendant is now working for a competitor in a capacity that will require him or her to rely on the plaintiff’s trade secrets. Essentially, this doctrine allows a plaintiff to impose a noncompete in the absence of a signed agreement. There […]