Our readers have seen enough of our blog posts to be familiar with the classic ex-employee trade secrets theft scenario: employee downloads confidential files to his personal computer; employee attempts to cover his tracks with deletions of those files; employee resigns from the company to work for a competitor. When such a classic case results in litigation, the plaintiff company typically succeeds in obtaining injunctive relief against the ex-employee. We posted about one successful preliminary injunction motion last year. A recent district court decision out of the District of Nevada, however, shows that a motion for TRO on seemingly slam-dunk facts is never guaranteed. This decision highlights two important takeaways for litigators: (1) if your client is facing imminent business harm, seek an injunction immediately; and (2) in the Ninth Circuit, there is no presumption of irreparable harm, even if the evidence shows trade secret misappropriation or a breach of the employee’s confidentiality agreement. READ MORE
Ric T. Fukushima
Ric is also an alumnus of the Orange County District Attorney's Office Trial Attorney Partnership ("TAP") program. With the TAP program, Ric first-chaired two criminal jury trials to verdict and conducted numerous felony preliminary hearings.
Ric started his career at Orrick as a summer associate in 2009. Before joining Orrick, Ric was an intellectual property intern at San Diego-based medical device company, NuVasive, Inc., where he assisted patent counsel on matters relating to patent prosecution and freedom-to-operate assessments.