News & Analysis as of

Confidential Information Misappropriation Irreparable Harm

Lewitt Hackman

Franchisee 101: Dog Days of Operations

Lewitt Hackman on

A federal court in Missouri granted franchisor’s motion for preliminary injunction against its former franchisee, enjoining the former franchisee from operating a competing business from the former franchised location....more

McGuireWoods LLP

Finding Irreparable Harm: 5th Circuit Vacates Refusal to Enter Preliminary Injunction

McGuireWoods LLP on

Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more

Seyfarth Shaw LLP

Fifth Circuit Spares Trade Secrets Suit, But Clarifies That Specific Evidence of Irreparable Harm Must Support Request for...

Seyfarth Shaw LLP on

In Direct Biologics L.L.C. v. McQueen, et al., the U.S. Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but nonetheless stressed the need for movants...more

McDermott Will & Emery

Preliminary Injunction, Meet Irreparable Harm

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

Orrick - Trade Secrets Group

Preliminary Injunction Challenge: Showing Irreparable Harm Even When the Defendant Proactively Takes Steps to Remediate

A preliminary injunction motion recently filed in the Eastern District of Virginia paints a fascinating story of alleged trade secret theft by a direct competitor in the ultra-competitive field of gas turbines, and the...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on the Four Factors to Consider when Temporary Injunctive Relief is Requested

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case involving a plaintiff’s request for a temporary restraining order (TRO) against former employees who allegedly stole confidential client contact...more

Womble Bond Dickinson

Defend Trade Secrets Act: Recent Developments Raise Questions About Inadvertent Disclosure

Womble Bond Dickinson on

The Defend Trade Secrets Act (“DTSA”), signed into law last year by President Obama, revolutionized intellectual property law by creating a new civil cause of action permitting trade secret owners to sue for misappropriation...more

Seyfarth Shaw LLP

Utah Supreme Court Lays Out Pro-Plaintiff Presumption of Harm Standard in Trade Secret Cases

Seyfarth Shaw LLP on

The Utah Supreme Court recently issued a significant decision laying out a presumption of harm evidentiary standard in trade secret cases, which will be very useful for plaintiffs seeking injunctive relief in cases involving...more

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