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The Ninth Circuit's Comedy Club, Inc. v. Improv West Associates decision is no laughing matter for franchisors

Seyfarth Shaw LLP
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USA
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February 25 2009

After obtaining a sweeping nationwide injunction from an arbitrator that enjoined licensee Comedy Club, Inc. (“CCI”) from opening any new comedy clubs until 2019 pursuant to a trademark license agreement, licensorcompetitor Improv West Associates (“Improv”) could not have been in the mood for laughs when the U.S. Court of Appeals for the Ninth Circuit modified the arbitrator’s injunction by significantly narrowing its scope and breadth

What happens in Vegas may stay in Vegas, but misappropriation of trade secrets and unauthorized disclosure of confidential information will still land you in hot water according to recent Supreme Court of Nevada decision

Seyfarth Shaw LLP
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USA
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March 10 2012

In Finkel v. Cashman Professional, Inc., et al., Case Nos. 54520, 55377, 2012 WL 669897 (Nev. March 1, 2012), the Supreme Court of Nevada addressed the validity of non-solicitation, non-competition, and non-disclosure covenants and the proper duration of a preliminary injunction prohibiting disclosure or use of trade secrets

California Court of Appeal decision throws specific performance to the wind for California businesses intending to use trade secrets as a basis to enforce covenants not to compete

Seyfarth Shaw LLP
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USA
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September 1 2009

On August 20, 2009, the California Court of Appeal for the Fourth Appellate District issued an order certifying publication of its decision in The Retirement Group v. Galante, No. D054207, 2009 WL 2332008 (Cal. App. 4th July 30, 2009

California federal district court issues decision on reasonable secrecy measures, trade secret identification, and preemption

Seyfarth Shaw LLP
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USA
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June 19 2012

A recent California federal district court decision in FormFactor, Inc. v. Micro-Probe, Inc., Case No. C 10-3095 PJH highlights the importance of companies proactively taking measures to protect their trade secrets before litigation arises and specifically identifying trade secrets that have allegedly been misappropriated

New Ninth Circuit case aids departing employees in non-compete and non-solicit disputes involving race to judgment

Seyfarth Shaw LLP
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USA
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March 5 2012

Contractual choice of law provisions often seek to apply the law of the state that, when applied by a court to the contract at issue, is most likely to result in favorable interpretations, application, andor enforcement of those provisions in the contract most valued by the contracting parties

Comedy Club update

Seyfarth Shaw LLP
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USA
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October 16 2009

As mentioned in a previous blog entry, the U.S. Court of Appeals for the Ninth Circuit held in Comedy Club, Inc. v. Improv West Associates, 553 F.3d 1277 (9th Cir. 2009), that an in-term (during the term of the contractrelationship) covenant not to compete governed by California law was enforceable to the extent that it did not foreclose competition in a substantial share of a business, trade, or market

Bimbo Bakeries v. Botticella: man vs. muffin, muffin wins injunction

Seyfarth Shaw LLP
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USA
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August 3 2010

On July 27, the United States Court of Appeals for the Third Circuit affirmed a district court’s order enjoining a senior executive from Bimbo Bakeries USA, Inc., from working for one of Bimbo’s competitors, Hostess, until after the district court resolved the merits of Bimbo’s misappropriation of trade secrets claim against the executive

Wiener v. Wiener: a wiener controversy of a different (trade secrets) sort

Seyfarth Shaw LLP
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USA
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June 27 2011

There is wiener controversy brewing, but this one does not involve Twitter or a Representative from New York

Ninth Circuit rejects application of Computer Fraud and Abuse Act in employee theft cases

Seyfarth Shaw LLP
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USA
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April 12 2012

On Tuesday, April 10, 2012, a Ninth Circuit en banc panel released its highly anticipated decision in United States v. Nosal

Fireworks fly, California district court enjoins former pyrotechnics company employee from soliciting former employer's customers

Seyfarth Shaw LLP
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USA
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March 30 2012

On March 21, 2012, in the case of Pyro Spectaculars, Inc. et al. v. Souza, Case No. 12-CV-00299-GGH, Magistrate Judge Gregory G. Hollows of the USDC for the Eastern District of California (Sacramento Division), issued an order preliminarily enjoining a former Account Executive for a pyrotechnics company from soliciting the customers of his former employer

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