In a non-trade secrets intellectual property case, The Northern District of California noted, in dictum, that “trade secret law allows recovery of saved development costs.” Oracle Corp. v. SAP AG, No. C 07-1658 PJH, — F.Supp.2d —-, 2010 WL 3258603, *14 (N.D. Cal. Aug. 17, 2010). Continue reading
A Los Angeles Superior Court jury awarded plaintiff an aggregate $157,000 verdict in Hong vs. Life University, an employment and trade secrets case. 37 Trials Digest 13th 12, 2010 WL 3454121 (Verdict Date June 28, 2010).
Plaintiff allegedly entered into an employment contract with defendant university for a five-year term to begin October 1, 2006. Plaintiff alleged that defendants breached the agreement by firing him on June 15, 2007. Continue reading
The Central District remanded a putative minimum wage and overtime class action suit in Munoz v. Central Parking Sys., Inc., No. CV 10-6172 PA (RCx), 2010 WL 3432239 (C.D. Cal. Aug. 30, 2010) (unpublished).
Plaintiff’s complaint attempted to avoid removal, stating “[i]t is believed that the total sum owed to the Class alleged herein is less than $5 million, based upon the anticipated size of the Class and the amount in controversy for each member of the Class.” Id. *1. Continue reading
A former employer was awarded $3,135 in compensatory damages after a Los Angeles Superior Court bench trial related to former sales employees’ alleged misappropriation of trade secrets . LifeSource Water Systems Inc. vs. Stansfield, GC041297, 36 Trials Digest 13th 12 (Judgment Date May 4, 2009). Plaintiff filed suit for breach of written contract, misappropriation of trade secrets, unfair competition, and interference with prospective economic advantage. According to Trials Digest, the court issued a permanent injunction, ordered defendants to deliver all of plaintiff’s property in their possession, ordered Stansfield to pay $1,940 compensatory damages and ordered Kline to pay $1,195 compensatory damages. Continue reading
Plaintiff in a trade secret misappropriation and patent infringement case won a jury verdict for $11,909,797. I-Flow Corporation vs. Apex Medical Technologies Inc., No. 07CV01200(DMS), 36 Trials Digest 13th 16 (S.D. Cal. Verdict Date Oct. 28, 2009). As reported by Trials Digest, plaintiff’s award included $1,484,966 damages from defendant Apex to plaintiff for misappropriation of plaintiff’s trade secrets; and$1,484,966 damages from defendant McGlothlin to plaintiff for misappropriation of plaintiff’s trade secrets. Continue reading
Metropolitan Corporate Counsel has an interview with Alan Gutterman regarding how to implement a trade secret protection program. Gutterman recites some of the common elements to such a program:
[A]doption of security measures to mark trade secrets, thus, identifying what is or is not considered to be confidential. The programs also include segregation of trade secret information and limitation of access to the trade secret owner or other authorized personnel. I also recommend that a program places employees on notice that the company maintains confidentiality of its trade secret information and that each employee has a duty to assist in protecting such items. Continue reading
After a bench trial, a San Francisco Superior Court rendered a defense verdict in an overtime and meal break case. Tun Cun vs. Cafe Tiramisu, No. CGC08482090, 36 Trials Digest 13th 19 (Verdict Date March 26, 2009). According to court records: Plaintiff Evangelina Tun Cun was a bartender under an oral employment agreement who worked form 4 pm to midnight. Ms. Tun Cun alleged she was owed wages from defendant Cafe Tiramisu LLC. Plaintiff alleged she was also employed by MMP Restaurants LLC dba Campannina from 9 a.m. to 3 p.m. each day. She claimed the two employers jointly employed her, and she was not paid overtime, though she worked for 11 to 15 hours of work per day. Plaintiff claimed she was not given meal breaks, was not paid overtime, and was owed waiting-time penalties. Continue reading
In Martinez v. J. Fletcher Creamer & Son, Inc., 2010 WL 3359372 (C.D. Cal. Aug. 13, 2010), the court held that a collective bargaining agreement that mentions “breaks” did not clearly and unmistakably waive plaintiff’s right to sue.
Plaintiff Antonio Martinez (“Plaintiff”) worked for Defendant J. Fletcher Creamer & Son, Inc. (“Defendant”) as a construction worker. Id. *1. Plaintiff’s terms of employment were governed by a CBA, which provides for a grievance procedure for “enforcing all the terms and provisions contained in this Agreement .” Id. If an employee has “a grievance or dispute,” he must first raise the issue with Defendant. The CBA outlined the terms of employment relating to holidays, payment of wages, meal periods, and breaks, and in a section entitled “Breaks,” the CBA stated: Continue reading
In Kilby v. CVS Pharmacy, Inc., Civil No. 09cv2051-L(CAB), 2010 WL 3339464 (S.D. Cal. Aug. 23, 2010) (slip op.) Defendant argued that provisions of Wage Order 7-2001 were invalid because the IWC, before adopting any new rules, regulations or policies, was required by Labor Code section 1173 to consult with the California Occupational Safety and Health Standards Board to determine areas of potential overlap, which it is alleged to have failed to do because it delegated too much to the staff. Id. *2. The court rejected this argument, agreeing with the California Court of Appeal in California Manufacturers Association v. Industrial Welfare Commission, 109 Cal. App. 3d 95, 122-23 (1980).
Defendant also argued that the action should be dismissed because the pertinent provision of Wage Order 7-2001 is not incorporated into Labor Code Section 1198. Section 1198 provides: Continue reading
Judge Phyllis J. Hamilton of the Northern District of California issued an order this week on motions for partial summary judgment in Oracle Corp. v. SAP AG, et al., No. C 07-1658 PJH, 2010 WL 3258603 (N.D. Cal. Aug. 17, 2010) (slip op.). In considering whether recovery of “saved development costs” is an available measure of damages, the court distinguished Ajaxo, Inc. v. E*Trade Group, Inc., 135 Cal. App. 4th 21 (2005);
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