California Trade Secret Law
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On August 2,the defendants filed a motion to dismiss the non-trade secret causes of action based on preemption by CUTSA. On October 12,Zynga Inc. However, on August 16,Patmore resigned from Zynga. King claims that both the proposal, as well as a signed confidentiality agreement which has since been lost or misplacedexpressly stated that the ideas were confidential, definition of trade secret california that King was to be compensated should MC implement the Coaster. In JuneMC begin using the Coaster, or a substantially similar device, as a centerpiece for concerts, as well as in commercials and other promotions.
The definition of trade secret california court dismissed the case, and the appellate court remanded non-trade secrets claims on appeal, awarding costs to Angelica. This case is important to practitioners in California because of its discussion of state law claims. First, it found that California's Business and Professions Code sectionwhich forbids restrictive covenants subject to enumerated exceptionsdid not apply where the employee violated the employer's trust during employment instead of after employment.
Thus, the lower court was wrong to dismiss Angelica's claims for breach of contract, breach of fiduciary duty, unfair competition, interference with business relations, and conversion because they "each have a basis independent of any misappropriation of a trade secret.
The appellate court said that the trial court was wrong to "simply ignore the additional theories of liability advanced by Angelica and the additional evidence it produced. Bunner31 Cal. The dismissed the definition of trade secret california secrets claim without leave to amend, because "no additional facts [could] be alleged to support a legally cognizable misappropriation.
Agency Solutions then filed suit against Trizetto after learning that Trizetto was marketing a similar software product to its competitors. Plaintiff filed a notice of appeal of the Court's refusal to grant a preliminary injunction, and Judge Ishii agreed to stay the proceeding pending the appeal's resolution. However, definition of trade secret california the pendency of the appeal, Plaintiff voluntarily dismissed the action on January 4, However, the Court denied Defendant's motion for attorney's fees.
Hollywood talent agency Diverse Talent Group, Inc. In the suit, filed August 23, in Los Angeles Definition of trade secret california Court, Diverse alleged misappropriation of trade secrets, intentional interference, breaches of duty and contract, conversion, and slander. The agency also sought a temporary restraining order prohibiting the disclosure or use of proprietary information. The complaint alleges that former Diverse employees Isam Durzi, Ehab Durzi and Wendy Morrison left Diverse to join Function Talent Group also named as a defendant and diverted business to their new employer by using confidential client information misappropriated from Diverse and by falsely claiming their former agency was closing.
The three supposedly used the confidential materials, such as customer lists and the personal and financial information of clients, to poach those clients for Function. Diverse claims that the Durzis and Morrison agreed as a condition of their employment that the agency's client list and other customer information were property of the agency.
According to the complaint, the three accepted positions at Function earlier this year, but before they started definition of trade secret california new jobs, the employees sent letters to Diverse customers soliciting them to take their business to Function.
The letters made "false, defamatory and damaging statements," including that Diverse was going out of business, according to the complaint. The complaint also asserts definition of trade secret california the employees "hacked into Definition of trade secret california computer system and changed the agency's contact information," and sent messages to clients instructing them to contact Ehab Durzi using the newly-diverted number. The suit seeks unspecified damages, an injunction barring the employees from disclosing Diverse's confidential information and an order compelling them to arbitrate the dispute.
According to the complaint, Diverse expects the dispute to be headed to arbitration as a result of employment agreements with the three former agents, but the company says it was forced to seek provisional remedies to deter the diversion of its clients. The talent agency says on its website that its "highly valued clientele" includes "Academy Award winners, top sitcom actors, one-hour drama directors, editors and producers.
The parties are scheduled to appear before Judge Meiers for a case-management conference on January 10, This indictment supercedes a indictment in which federal prosecutors originally charged Californians Walter and Christina Liew with witness tampering and making false statements in a federal criminal investigation into the alleged trade secrets theft.
Arraignment is scheduled definition of trade secret california March 1, The conviction arose from the theft of trade secrets from DuPont, particularly information and documents pertaining to the production process of a white pigment, titanium dioxide TiO2.
The pigment is what DuPont uses to achieve its whitest whites in everything from cars to paper. Judge White, writing in the Northern District of California on a post-conviction motion for acquittal, explained that the evidence demonstrating the intent to injure Dupont, and intent to benefit a foreign government was sufficient for a rational juror to find Liew definition of trade secret california.
It was also noted that the money was tracked to various accounts in Singapore and China, but could not be recovered. PhoneDog is a company that delivers news about mobile phones, and provides information about them for consumers to use when comparison shopping. Whether an exiting employee can take definition of trade secret california Twitter followers with him, and the potential trade secret implications involved, is a case of first impression.
The suit claimed misappropriation of trade secrets, interference with economic advantage, and conversion. However, the alleged trade secrets at issue is actually the Twitter account password itself.
Moreover, even if the court finds in favor of PhoneDog, the specific remedy and calculation of damages could influence whether it would be cost-effective for parties to bring these types definition of trade secret california claims moving forward.
The case exemplifies the complex challenges companies face definition of trade secret california trying to protect their confidential information in the digital era, and more specifically, the dangers of not instituting explicit internal policies for employees and their social media accounts.
On or around December 19,the parties settled. Although the actual details of the settlement were confidential, it appears Kravitz has been permitted to retain ownership of the Twitter account. Northern District of California. Alan Patmore et al. Superior Court of the State of California. District Court for the Central District of California.
California district court held that reverse engineering proprietary software in breach of a consumer form contract does not constitute misappropriation. District Court for the Eastern District of California.
District Court for the Eastern District of California held that concepts, designs, ideas and workflow shared during a business partnership were not trade secrets.
Diverse Talent Group Inc. Clash between Hollywood talent agency and competitor over stolen client information. Man sentenced for theft of Trade Secrets from DuPont. Site Map Disclaimer Contact.