The United States District Court for the District of Oregon recently refused to dismiss antitrust counterclaims against a plaintiff who allegedly brought misappropriation of trade secrets claims against its competitor in bad faith.

The plaintiff, Edwards Vacuum, LLC (“Edwards”), sued its supplier and competitor, Hoffman Instrumentation Supply, Inc. (“HIS”), and five former employees of Edwards for misappropriation of trade secrets, breach of contract, and several related claims.

Continue Reading Noerr-Pennington Doctrine Does Not Shield Litigants Bringing “Bad Faith” Trade Secret Claims from Antitrust Liability

The U.S. District Court for the Eastern District of Texas recently denied a challenge to its subject-matter jurisdiction over a misappropriation of trade secrets claim under the Defend Trade Secrets Act (DTSA), rejecting the defendants’ argument that the DTSA’s interstate commerce requirement limits the jurisdiction of federal courts.

Continue Reading U.S. District Court for the Eastern District of Texas Holds the Defend Trade Secrets Act’s Interstate Commerce Requirement Does Not Limit the Jurisdiction of Federal Courts

The Oregon Court of Appeals recently held that while certain customer data could be protected by a trade secret claim, basic information such as customer identities and email addresses, without more, did not give rise to a trade secret. Rather, the employer had to present evidence that the information derived economic value from not being generally known and was subject to reasonable efforts to maintain its secrecy.

Factual Background

Peterson Machinery Co. (Peterson) was engaged in the business of renting and selling heavy machinery in Oregon, Washington, and California. Modern Machinery (Modern) was one of Peterson’s primary competitors in Oregon. Heavy machinery sales is a “niche” market in Oregon, and only a handful of companies are engaged in this business. Bryan R. May (May) was a former rental and sales consultant who began working for Peterson in 2006. In October 2017, May accepted a job offer from Modern as the territory manager in Eugene, Oregon. As a territory manager, May’s primary job duty was to call on prospective purchasers of heavy machinery in his assigned territory and negotiate potential sales.
Continue Reading Oregon Court of Appeals Clarifies When Customer Information Constitutes Protectible Trade Secrets

In an order dated April 20, 2021, U.S. District Judge Lorna G. Schofield granted Syntel Inc.’s request for a new trial or remittitur on the $569,710,384 punitive damage award issued against Syntel following an October 2020 jury trial.

In October 2020, a New York federal jury found that Syntel had misappropriated the TriZetto Group, Inc.’s trade secrets in violation of the Defend Trade Secrets Act and New York law. The jury also found that Syntel infringed one or more of TriZetto’s copyrights. The jury awarded $284,855,192 million in compensatory damages and $569,710,384 million in punitive damages.
Continue Reading New York Federal Judge Finds Punitive Damages Award Excessive Following Trade Secrets Trial

In 2017, EMC Outdoor, LLC (EMC) terminated Jennifer Stuart’s employment. After, EMC filed suit against Ms. Stuart, Grandesign (Ms. Stuart’s current employer), and another former employee, alleging inter alia claims for misappropriation of trade secrets under federal and state law. On March 31, 2021, the Pennsylvania District Court granted summary judgment against EMC’s trade secret claims, finding no misappropriation because, under EMC’s employment agreement, Stuart was not required to keep trade secrets confidential following her termination.
Continue Reading Draft Your Employment Agreements Carefully: A Questionable Word of Warning from the District of Pennsylvania

In trade secret litigation between two competing legal services firms, the United States District Court for the District of Connecticut recently ordered the plaintiff to produce documents without the attorneys’-eyes-only designation that the plaintiff believed was necessary.
Continue Reading Legal Services Firm Ordered to Produce Confidential Documents to Competitor in Trade Secret Dispute

Marketing agency InnerWorkings, Inc. filed suit under the Illinois Trade Secrets Act against a former sales executive who left the company for one of its direct competitors, HALO Branded Solutions. InnerWorkings does not allege that the former sales executive, Brian Battaglia, absconded with or stole trade secrets when he left for HALO.
Continue Reading InnerWorkings, Inc. v. Battaglia

On January 6, 2021, we learned that federal courts’ nationwide case management system was breached as part of the SolarWinds hack, potentially giving hackers access to sealed court documents that may include trade secret information. The AP reports that a federal court official said that the “potential reach is vast” and the “actual reach is

Many of us have had to get used to videoconferencing. But that communication platform comes with its own challenges in protecting trade secrets. The Delaware Court of Chancery in Smash Franchise Partners, LLC v. Kanda Holdings, Inc. denied a preliminary injunction motion because, among other reasons, the plaintiff failed to show a reasonable likelihood that

The Ninth Circuit recently reaffirmed that the federal Defend Trade Secrets Act requires a plaintiff to describe its alleged trade secret with sufficient particularity. But the Ninth Circuit opened the door to allowing a plaintiff to modify its trade secret identification after discovery. It held that a district court abused its discretion in granting summary