The Fifth Circuit Court of Appeals recently ruled that: (1) a party must “prevail” before it can recover any attorney’s fees under the Defend Trade Secrets Act and (2) a plaintiff’s dismissal of its claims without prejudice does not confer the “prevailing party” status on defendants.
Category: Temporary Injunctions
An Injunction in a Theft-of-Trade-Secrets Case Cannot Prohibit a Party From Using Publicly Available Information
A court order prohibiting defendant from using trade secrets must be broad enough to cover all possible circumstances while narrow enough to include only the illegal activities. Where that line lies depends on the circumstances of each particular case.
Enforcing Non-Compete Agreements in Texas with an Injunction Requires Proper Timing
What a lot of companies do not realize, however, is that if they wait too long to ask for an injunction after finding out about the employee’s competitive activities, a court may deny their request simply because they waited too long
What Should a Company do When it Suspects That an Employee Stole Its Trade Secrets?
Employees take their employers’ trade secrets all the time. It’s a fact of life. No matter what systems an employer has in place, sooner or
Fox Goes to War with Netflix Over Two Programming Executives Who Jumped Ship
In a move that suggests that Fox might be feeling the burn of Netflix competition, the network Goliath has recently sued the king of online streaming over hiring of
You Got a Non-Compete Injunction, But Can You Make it Stick in Texas?
Last month, the Dallas Court of Appeals ruled on two temporary injunction orders – one was affirmed (i.e. it continued to be enforce) and the