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Trade Secrets

This category contains 13 posts

Trade Secrets and Removal Based on Copyright Preemption

Jurisdiction and removal may not sound like hot topics, but these considerations are critical and sometimes dispositive. Real talk: Certain state court systems are terrible places to litigate. It’s one thing to litigate a complex commercial case in Delaware state court, which is the highest ranked state court system by numerous metrics (here).   Litigate that … Continue reading

Another Frivolous Trade Secret Case: Court Finds Bad Faith in Cypress v. Maxim

Cypress Semiconductor Corporation and Maxim Integrated Products are two big Silicon Valley tech companies, both with an interest in touchscreen technologies. In February 2011, Maxim engaged a recruiter named Zion Mushel to help the company fill some positions with employees who had experience with touchscreen. Mushel solicited several such Cypress employees, some of whom Maxim … Continue reading

Three Nike Employees Perpetrate Massive Theft of Trade Secrets then Bolt for Adidas

Nike has sued three former employees who left to work for Adidas. The company is suing for everything imaginable: Breach of contract, theft of trade secrets, fraud, conspiracy and more. In a fifty page Complaint, the athletic apparel giant lays out a host of fairly shocking allegations against a team of three designers who launched … Continue reading

Choice of Law Has Huge Consequences, Especially in NC Non-Compete Case

An interesting case out of the Eastern District of North Carolina reminds us of the importance of choice of law when dealing with non-compete litigation. Let’s take a look: In December 2009, Associated Hygienic Products (“AHP”) hired James DeFelice as the Director of Purchasing.  AHP makes disposable diapers.  This is a huge and growing market … Continue reading

Hallmark Recovers $47 Million for Theft of Greeting Card Market Research, Eighth Circuit Says Ok

A fascinating, salacious trade secrets case out of the Western District of Missouri and the Eighth Circuit Court of Appeals: Hallmark Cards, Inc. hired Monitor Company Group, L.P. to provide research related to the greeting cards market. Monitor then took the research it had prepared for Hallmark and gave it to a related private equity … Continue reading

Non-Competes, Stock Agreements & Escape Clauses – A Recent Case from the NDNY

A recent decision out of the Northern District of New York is a fantastic example of the thorough, methodical process all courts should bring to the analysis of non-compete claims.  The decision also provides a wealth of useful information about defending non-compete claims under New York law.  Let’s take a look: Two companies, DS Parent, … Continue reading

Frivolous (Trade Secrets) Lawsuits and Greedy (Big Firm) Plaintiff’s Lawyers: A Recent Case from Minnesota

A recent case out of Minnesota raises a number of non-compete and trade secret issues.  Let’s take a look: In 2005, Robert Wilcox was hired as the general manager of ground handling services at Minneapolis St. Paul Airport (“MSP”) for a company called Integrated Airline Services Alliance.  In 2006, Menzies Aviation purchased Integrated.   Menzies bills … Continue reading

Medical Equipment Industry Remains a Hotbed of Non-Compete Litigation

Call it a trend.  These days, non-compete litigation is everywhere:   All across the country and in every industry imaginable.  Some industries generate more non-compete litigation than others.  And perhaps no industry has more non-compete litigation than the healthcare industry.   In any field that is remotely connected to healthcare or medicine, you will find widespread use … Continue reading

Latest Chapter in the (Crazy) Freedom Medical RICO / Non-Compete Litigation

What follows is one of the most absurd, complicated, fantastical non-compete-related disputes that I have ever seen.   This is going to be a long one. The Major Players In 1997, two individuals in Pennsylvania formed a company called Freedom Medical, Inc.  Freedom Medical engages in the business of buying and selling medical equipment.  In 1999, … Continue reading

Non-Compete Fight in the World of Surgical Robotics: MAKO Surgical Sues Competitor, Former Employee

Fort Lauderdale-based MAKO Surgical Corporation has filed a lawsuit against a former employee, Jeffrey Gellman, and his new company, Blue Belt Technologies, Inc., alleging the parties conspired to steal MAKO’s confidential information and clients. MAKO is a company that is principally engaged in the design, manufacture and sale of robotic surgical systems.  These systems use … Continue reading

Not in Florida?

Need a non-compete or trade secret attorney somewhere other than Florida? I have relationships with non-compete and trade secret attorneys throughout the country. Call my office at 954-332-2380.

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