Orrick Attorneys Author Article on Trade Secret Litigation

IP Litigator
February.01.2016

Orrick's Bill Molinski and Harry Moren authored an article in the January/February issue of IP Litigator that discusses the risks associated with bringing bad faith trade secret claims. An excerpt from the article is included below.

Companies get anxious when key employees leave to start new ventures. A company may try to shield itself from the risk of losing confidential information by seeking an injunction preventing its former employees and their new companies from using or disclosing trade secrets. However, without sufficient evidence of actual misappropriation or threat of imminent harm, a company may face sanctions for bringing a misappropriation claim in bad faith.