A defendant who previously consented to the entry of a temporary restraining order in a trade secrets case was ordered to turn over electronic devices, notwithstanding that he claimed to do so would violate his Fifth Amendment rights against self-incrimination. The plaintiff in the trade secret case, Legend Biotech... read more
A court may immecdiately the plaintiff a restraining order of preliminary injunction when there is a valid trade secret claim and the plaintiff may suffer irreparable harm without it. Courts make the determination whether an injunction is necessary based on the evidence presented by the plaintiff at an initial... read more
Statutes that protect the rights of the owners of trade secrets protect against ‘misappropriation’ of confidential information, which requires a defendant to take or use the trade secret without permission. The inevitable disclosure doctrine can prevent an employee from working for another when the new job would inevitably require... read more
The touchstone of a trade secret is that it provides the owner of the information with a competitive advantage in their market. Courts look at the cost of development, the difficulty in duplicating and measurable benefits to ascertain whether a bona fide trade secret exists. The first step in... read more
One of the first issues that arises in a misappropriation of trade secrets lawsuit is whether an injunction will be available to a plaintiff as the party trying to avoid disclosure of its information. Under both federal and state law, an injunction that prohibits the the use or disclosure... read more
To enforce a claim for misappropriation of a trade secret, the plaintiff must prove that the information was secret and valuable. Plaintiffs in New Jersey can rely on either the common law or the New Jersey Trade Secrets Act. Secrets that have been publicly disclosed lose their their protection... read more
A former employee will violate the computer fraud and abuse act only by having unauthorized access to data, not by using data for an unauthorized purpose. Former owners or employees that access computer systems after termination may be liable under the Computer Fraud and Abuse Act. A federal claim... read more
An executive with national responsibilities may be subjected to a broad geographic restriction in an employment restrictive covenant. Courts can and will enjoin a former executive from working for a competitor to prevent irreparable harm to the executive’s former employer when the restriction is reasonable. Misappropriation and use of... read more
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