In a recent discovery dispute before the Northern District of California, Plaintiff Monolithic Power Systems, Inc. (“Monolithic”) unsuccessfully attempted to bypass California Code of Civil Procedure section 2019.210 which requires the party making a claim of trade secret misappropriation under the California Uniform Trade Secrets Act (“CUTSA”) to identify the trade secret “with reasonable particularity” before “commencing discovery relating to the trade secret.”
Daeun Julie Lee is a litigation associate in Orrick's Washington, D.C., office.Julie focuses her practice on complex business litigation and represents clients in the financial, technology, and manufacturing sectors. Prior to joining Orrick, Julie was a judicial law clerk to the Honorable Dana M. Sabraw of the United States District Court for the Southern District of California.
Posts by: D. Julie Lee
The COVID-19 pandemic has led to a rise in fraud by wrongdoers seeking to profit off public panic and strained resources. One such example is asserted in the lawsuit filed by global health care company Abbott Laboratories (“Abbott”) against its former employee Justin Brown in the United States District Court for the Northern District of Illinois. In the Complaint, Abbott alleges that Brown stole Abbott’s customer information and fraudulently represented that he was selling Abbott’s COVID-19 diagnostic products. READ MORE
Can defendants use anti-SLAPP statutes to dismiss meritorious trade secrets misappropriation lawsuits? A recent decision by the Fifth District Court of Appeals in Dallas suggests not.
Numerous states have passed some form of anti-SLAPP legislation to prevent parties from using litigation as a tool to silence individuals from exercising their First Amendment rights. Texas, in particular, enacted the Texas Citizens Participation Act (“TCPA”) back in 2011 to “protect citizens from retaliatory lawsuits that seek to silence or intimidate them for exercising their rights in connection with matters of public concern.” The TCPA provides an avenue for individuals to summarily dispose of such lawsuits designed to chill their First Amendment rights. READ MORE