The Supreme Court of Utah, in InnoSys, Inc. v. Mercer, held earlier this week that an employer making a prima facie case of trade secret misappropriation is entitled to a legal presumption of harm that, if unrebutted, supports a claim for trade secret misappropriation and at least injunctive relief. This August 31, 2015 decision interprets Utah’s Uniform Trade Secret Act and represents a useful precedent for companies relying on trade secret protection. It notably held that the presumption of harm attaches regardless of whether the record supports a threat of future disclosure or use of the stolen trade secrets.
Continue Reading Utah’s Supreme Court Applies Rebuttable Presumption of Harm In Trade Secret Case

Banks; oil and gas leases; trade secrets. All three came to a front in a longstanding legal battle that culminated in a decision by the Eight Circuit Court of Appeals on Friday July 17, 2015, affirming that a bank had misappropriated an energy company’s trade secrets.

The Court of Appeals upheld a decision from the U.S. District Court for the District of North Dakota that Macquarie Bank Ltd. misappropriated confidential geological and seismic information it had received as part of the collateral on a loan to develop oil and gas leases, some of which were to be on reserves of North Dakota’s Bakken Shale formation.


Continue Reading Value is in the Eye of the Court: Eighth Circuit Affirms Macquarie Bank’s Misappropriation of Trade Secrets, Resolving Longstanding Dispute

Last week, ProLogic, Inc. (ProLogic) voluntarily dismissed — without a settlement — the last of the claims remaining in its lawsuit against Aquarian Systems, Inc. (Aquarian) and two former employees who became employees of Aquarian. A team of Crowell & Moring lawyers successfully represented Aquarian and, after the claims against Aquarian were dismissed by ProLogic in May, the individual defendants. What began as a complaint seeking $25 million in damages for alleged trade secret misappropriation, tortious interference, and breach of contract, ended with a dismissal of all claims against Aquarian and the individual defendants, without any settlement or payment.
Continue Reading ProLogic Drops $25M Trade Secrets Lawsuit Against Clients of Crowell & Moring