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July 10, 2020

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July 09, 2020

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Recent California Case Highlights Standards for Trade Secret Misappropriation Cases

On June 7, in FormFactor, Inc. v. Micro-Probe, Inc., et al., the U.S. District Court for the Northern District of California denied plaintiff FormFactor’s motion for summary judgment that a former employee had misappropriated trade secrets when he left to work for competitor Micro-Probe, and granted Micro-Probe’s crossmotion for summary judgment.

The case provides a useful overview of the evidence needed to support a violation of the California Uniform Trade Secrets Act (CUTSA), Cal Civ. Code § 3426.1 et seq, as well as an informative discussion of whether FormFactor could sustain any other civil common law claims based on the alleged misuse of FormFactor’s confidential information.

Read our recent GT Alert for additional insights regarding this important decision.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 220


About this Author

Kurt Kappes, Greenberg Traurig Law Firm, San Francisco and Sacramento, Labor and Employment Litigation Attorney

Kurt A. Kappes is an attorney in the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive experience as a trial attorney. He has represented clients in many complex litigation cases involving class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, products liability, professional malpractice, insurance bad faith, qui tam actions, unfair competition, Business and Professions Code Section 17200 actions, and SOX proceedings. He has also represented clients in labor and...

Tiffany Forcyde, Greenberg Traurig Law Firm, Chicago, Labor and Employment Litigation Attorney

Tiffany S. Fordyce is an attorney in the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group. She concentrates her practice on commercial litigation, with an emphasis on labor and employment. Her employment litigation practice includes virtually all types of discrimination and retaliation claims, wage and hour claims, trade secret misappropriation claims, whistleblower claims, restrictive covenants, Fair Credit Reporting Act claims, and WARN Act claims. Tiffany defends both single plaintiff and class action employment cases....