California Employment Law Update

Tag Archives: UTSA

November 2018 California Employment Law Notes

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading

Employee Non-Solicitation Provision Was An Unenforceable Restraint

AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) AMN and Aya are competitors in the business of providing travel nurses on a temporary basis to medical care facilities throughout the country. As a condition of employment with AMN, four of its “travel nurse recruiters” had signed a Confidentiality … Continue Reading

Complaint Alleging Violation Of UTSA, Unfair Competition Was Not Subject To Dismissal Under Anti-SLAPP Law

World Fin. Group, Inc. v. HBW Ins. & Fin. Services, Inc., 172 Cal. App. 4th 1561 (2009) WFG filed a complaint against its direct competitor, HBW, and six of its agents for alleged breach of contract, misappropriation of trade secrets, conversion, unfair competition, interference with prospective economic advantage and unjust enrichment. In response, HBW filed … Continue Reading

Non-Compete Covenant Was Not Too Broad To Be Enforced

Alliant Ins. Services, Inc. v. Gaddy, 159 Cal. App. 4th 1292 (2008) Alliant Insurance Services purchased a competing insurance brokerage company from G. Scott Gaddy for $4.1 million and then employed him under a senior management agreement. Both the purchase and employment agreements contained covenants whereby Gaddy agreed not to compete with Alliant or to … Continue Reading

Staffing Company Was Entitled To Injunction Against Former Employee Who Took Trade Secrets

ReadyLink Healthcare v. Cotton, 126 Cal. App. 4th 1006 (2005) ReadyLink obtained an injunction against Jerome Cotton, a former employee, prohibiting Cotton from soliciting ReadyLink employees and customers and from using or disclosing ReadyLink’s trade secrets and confidential information. ReadyLink fired Cotton for stealing ReadyLink records containing proprietary and confidential information. During a search of … Continue Reading

Website Operator Was Properly Enjoined From Disclosing Trade Secrets

DVD Copy Control Ass’n, Inc. v. Bunner, 31 Cal. 4th 864, 75 P.3d 1 (Cal. 2003) Jon Johansen, a Norwegian resident, reverse engineered the Content Scrambling System (CSS), computer software used to encrypt the contents of Digital Versatile Discs (DVDs), and wrote a program called DeCSS that decrypts motion pictures stored on DVDs, thus enabling users … Continue Reading

The Continued Use Or Disclosure Of A Trade Secret May Be Part Of A “Continuing Misappropriation”

Cadence Design Sys. v. Avant! Corp., 29 Cal. 4th 215 (2002) In this case, the California Supreme Court answered the following question of law certified to it from the United States Court of Appeals for the Ninth Circuit: Under the California Uniform Trade Secrets Act (UTSA), when does a claim for trade secret infringement arise: … Continue Reading
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