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Case Citations [1] (April 2023 - August 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE



                                      Spring 2023 Citations



                     UNFAIR COMPETITION 3D



                     CHAPTER 4.   APPROPRIATION OF TRADE VALUES

                                 TOPIC   2. TRADE   SECRETS

§ 39. Definition of Trade Secret

C.A.5, 2022. Com. (d) cit. in case cit. in ftn. Former employer filed a claim for misappropriation of trade
secrets against former employee and competitor that hired employee, alleging that employee and
competitor misappropriated employer's trade-secret transactional documents and customer lists. The
district court denied employer's motion for a preliminary injunction. Affirming, this court held that
employer failed to establish a likelihood of success on the merits of its claim for misappropriation of
trade secrets. The court cited Restatement Third of Unfair Competition § 39 in reasoning that employer
failed to show that employee and competitor had access to trade secrets in the transactional documents
before he started working for competitor or that any of the customer information was not publicly
available or ascertainable through proper means. CAE Integrated, L.L.C. v. Moov Technologies,
Incorporated, 44 F.4th 257, 262.






















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