A dismissal with prejudice is a plaintiff’s worst fear realized. When it comes to alleging a proper claim for trade secret misappropriation, the Western District of Kentucky recently reminded plaintiffs just how critical it is to “kick the tires.” In Raben Tire Co., LLC v. McFarland, Case No. 5:16-cv-00141 (W.D. Ken.), plaintiff Raben Tire Co., LLC, alleged misappropriation of trade secrets against two former employees under the Defend Trade Secrets Act of 2016 (“DTSA”), 18 U.S.C. § 1831 et seq., and the Kentucky Uniform Trade Secrets Act (“KUTSA”), Ky. Rev. Stat. § 365.880 et seq., along with a handful of additional common-law claims. READ MORE
Matthew S. Ingles
Matthew Ingles, a former prosecutor, practices litigation and dispute resolution in Orrick’s Los Angeles office and is a member of the firm's Complex Litigation and Dispute Resolution group. He routinely counsels clients on a wide variety of issues where a client's business and the law intersect.
Matt has achieved highly favorable results for clients in a wide range of industries, with a focus on technology, finance and energy, and also including fashion, consumer retail and real estate. He is regarded as being both pragmatic and creative in his approach to navigating his clients' most difficult challenges. In addition to traditional litigation, Matt regularly counsels clients such as drone manufacturers, tech start-ups, cosmetics companies, fashion companies, and food service companies on a wide-variety of business and legal issues.
Matt has represented clients in all aspects of litigation in both state and federal courts around the country and has served as lead trial counsel or counsel of record in several state and federal court actions. He has co-authored briefs in state and federal appellate courts, including the United States Supreme Court, and has argued before New York appellate courts.
Matt has been recognized for his commitment to pro bono service by both the Legal Aid Society of New York and the New York State Bar Association. He is a member of the Surfrider Foundation's Legal Issues Team and has worked with the California Lawyers for the Arts.
Prior to joining Orrick, Matt served as a Special Assistant District Attorney with the Kings County District Attorney’s Office in Brooklyn, N.Y., where he was a first-chair trial attorney and tried several cases to verdict.
Posts by: Matthew Ingles
Here at TSW, we continue to watch closely the case law developing under the new Defend Trade Secrets Act of 2016 (DTSA), which attempts to harmonize divergent state laws by creating a single federal framework for trade secrets misappropriation lawsuits. The Northern District of California appears to have won the race to be the first federal court to enter a written decision under the DTSA. The early rulings in this case already give us some food for thought when it comes to litigating trade secret claims under the DTSA. READ MORE
While they say that a grand jury could “indict a ham sandwich,” the First Circuit recently reminded chefs that you can’t copyright a chicken sandwich. Specifically, a former employee of a Puerto Rican Church’s Chicken franchisee sued the franchisee for copyright infringement for the recipe to the “Pechu” sandwich, a sandwich he and his wife claimed to have created in the late-80s . After hunting and pecking over the relevant authorities, the First Circuit clucked in disapproval, reminding the culinary world that the recipe for the sandwich at issue, no matter how tasty, is not copyrightable. READ MORE