A preliminary injunction motion recently filed in the Eastern District of Virginia paints a fascinating story of alleged trade secret theft by a direct competitor in the ultra-competitive field of gas turbines, and the fallout that ensued. READ MORE
Ric T. Fukushima
Ric Fukushima is a litigation and trial attorney in the firm's Complex Litigation & Dispute Resolution group. Ric focuses his practice on high-stakes, complex business disputes and helps financial and technology sector clients strategically navigate their way through all stages of litigation.
Ric has extensive litigation experience in federal and state courts, including business tort, breach of contract, insurance, intellectual property, trade secrets, and product liability matters. Ric manages all aspects of litigation from start to finish and has significant experience with complex electronic discovery.
Ric is also an alumnus of the Orange County District Attorney's Office Trial Attorney Partnership ("TAP") program where he first-chaired two misdemeanor jury trials successfully to verdict and conducted numerous felony preliminary hearings.Ric started his career at Orrick as a summer associate in the Orange County office. Ric lives in Costa Mesa with his wife Natalie and their son Benjamin.
Posts by: Ric T. Fukushima
MillerCoors (beer maker of Coors Light and Miller Lite) and Anheuser-Busch (“AB”) (competing beer maker of Bud Light) have been embroiled in a contentious federal district court litigation in the W.D. of Wisconsin since March 2019. MillerCoors filed a lawsuit against AB for false advertising and trademark dilution shortly after AB aired an ad during Super Bowl LIII saying that MillerCoors uses corn syrup during brewing. MillerCoors’ lawsuit alleges that this ad was part of a “false and misleading advertising campaign” designed to deceive consumers into thinking they will consume corn syrup if they drink Coors Light and Miller Lite, which MillerCoors denies. READ MORE
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