Trade Secrets Trends

Trade Secrets Trends

Analysis and commentary on the latest developments in trade secrets protection, disputes, and enforcement

Christine Cwiertny

Christine Cwiertny Christine Elaine Cwiertny is a counsel in the Insurance Group at Crowell & Moring's Orange County office. For over 10 years, Christine has represented and counseled insurance companies in complex coverage litigation involving long tail claims (e.g., asbestos and environmental contamination claims) and coverage issues concerning choice of law, allocation, trigger, number of occurrences, and sexual molestation liability. Christine also actively participates in general litigation matters, and has represented clients in matters involving intellectual property, including trade mark and trade secrets disputes, and other business torts. Christine has successfully litigated matters in federal and state courts, and has experience at the trial and appellate level.

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Threatened Misappropriation Under CUTSA in Absence of “Inevitable Disclosure”?

Posted in U.S. Litigation
Under the inevitable disclosure doctrine, an employer may prevent a former employee from working for a competitor by simply demonstrating that the employee possesses the employer’s trade secrets and the former employee’s new job duties will “inevitably” cause her to rely upon those trade secrets.  The doctrine is not available in California.  However, California employers… Continue Reading

Arizona Supreme Court Bucks Majority in Critical Decision Interpreting Arizona Uniform Trade Secrets Act

Posted in Legislation & Policy, U.S. Litigation
Against the majority of courts to have considered the issue, the Arizona Supreme Court held last week that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt (or displace) common-law claims when the claim is based on the misappropriation of confidential information as opposed to a trade secret. In other words, where the information… Continue Reading

Texas Adopts Version of Uniform Trade Secrets Act

Posted in Legislation & Policy
In early May 2013, Texas’ Governor signed into law the Texas Uniform Trade Secrets Act. The Act adopts a version of the Uniform Trade Secrets Act (UTSA) and is expected to provide more uniformity, certainty, and predictability in litigation pertaining to trade secret misappropriation in this important commercial hub. While the Act is modeled on the… Continue Reading