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Most trade secret lawsuits involve a request for an injunction, frequently in the form of a motion for a temporary restraining order (TRO).  TROs are high octane proceedings that move very quickly and can turn on one key fact, argument or legal doctrine.  A recent ruling in a high profile case dominating the news, Parler v. Amazon Web Services, reinforces a number of important lessons that can determine a critical ruling on a very limited evidentiary record.  While the Parler case doesn’t involve claims typically found in a trade secret injunction, the lessons described below apply with equal force in all cases involving TROs and other emergency injunctions.

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Continue Reading Parler v. Amazon Web Services: Three Lessons for Trade Secret Litigators

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Given the ubiquity of thumb-drives and use of personal devices for work, it should come as no surprise that former employees frequently download and even retain their former employer’s sensitive information on their personal devices.  A Symantec study in 2013 found that ½ of the employees surveyed admitted to keeping confidential corporate data from their previous employer and 40% planned to use it in their new jobs.  However, is the fact that an employee downloaded confidential information, standing alone, enough to trigger a lawsuit and possibly an injunction?  A recent case out of the U.S. District Court for the Southern District of New York, AUA Private Equity Partners, LLC v. Soto, Case No. 1:17-cv-8035 (April 5, 2018), held downloading and refusing to return confidential information was enough to give rise to a claim under the Defend Trade Secrets Act (DTSA) (for more on that case, see William Brian London’s post for Fisher & Phillips’ Non-Compete and Trade Secrets Blog).  As for the other question — whether a court will be willing to enter an injunction based on downloading — the answer is less clear.
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Continue Reading Is Downloading Confidential Information Enough For An Injunction Under The Defend Trade Secrets Act?