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Tag Archives: misappropriation of trade secrets

Contract – Breach – Tort/Negligence — Conversion – Civil Practice – Notice Pleading – Labor & Employment – Misappropriation of Trade Secrets – Claim & Delivery (access required)

Barbarino v. Cappuccine, Inc. Where defendant alleged the existence of a contract pursuant to which plaintiff agreed to keep confidential certain information, agreed to restrictions on the use of that information, and agreed to return the confidential information upon termination of her employment, and where defendant also alleged that plaintiff breached that contract by misusing and not returning the confidential information, defendant has stated a claim for breach of contract.

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Tort/Negligence – Breach of Fiduciary Duty – Corporate Officer – Misappropriation of Trade Secrets – Broad Allegations – Unfair Trade Practices – Conspiracy – Interference with Contract (access required)

Aecom Technology Corp. v. Keating By alleging that defendant Keating was one of plaintiffs’ corporate officers, plaintiffs have sufficiently alleged that Keating owed plaintiffs a fiduciary duty. Defendants’ motion to dismiss is denied as to plaintiffs’ breach of fiduciary duty, unfair trade practices, and conspiracy claims. Defendants’ motion to dismiss is granted as to plaintiffs’ misappropriation of trade secrets and tortious interference with contract claims.

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Tort/Negligence – Misappropriation of Trade Secrets – Insufficiently Particular Description – Investment Advisors – Business Break-Up (access required)

Smith v. Lewis Defendants’ misappropriation of trade secrets counterclaim refers only generally to confidential company financial information as the “trade secrets” that plaintiff misappropriated by allegedly sharing with member(s) of his family. Defendant Douglas Lewis said in his affidavit that plaintiff removed private and personal records belonging to defendants Douglas and Linda Lewis as well as, among other things, clients’ confidential financial records, social security numbers, income statements and financial statements without the clients’ knowledge or consent.

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Civil Practice – Preliminary Injunction – Misappropriation of Trade Secrets – Insulation Formula – Personal Jurisdiction – Italian Subsidiary (access required)

Armacell LLC v. Bostic. (Lawyers Weekly No. 10-16-0703, 31 pp.) (Linda M. McGee, J.) Appealed from Alamance County Superior Court. (Ben Tennille, J.) N.C. App. Unpub. Holding: In support of its motion for a preliminary injunction, plaintiff made a sufficient ...

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