Ogletree Deakins: Tennessee Court of Appeals Issues New Guidance on Trade Secret Issues | Practical Law

Ogletree Deakins: Tennessee Court of Appeals Issues New Guidance on Trade Secret Issues | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the Tennessee Court of Appeals' recent decision in Ram Tool & Supply Co., Inc. v. HD Supply Construction Supply, Ltd. In Ram Tool, the court addressed the scope of preemption of common law claims by Tennessee’s Uniform Trade Secret Act (TUTSA). The court adopted the "same-proof" standard established by a Tennessee federal court in Hauck Manufacturing Co. v. ASTEC Industries, Inc. Applying this standard, the Tennessee appellate court dismissed common law breach of fiduciary duty, breach of duty of loyalty, intentional interference and civil conspiracy claims, to the extent those claims were based on misappropriation of trade secrets.

Ogletree Deakins: Tennessee Court of Appeals Issues New Guidance on Trade Secret Issues

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 28 Aug 2014Tennessee, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the Tennessee Court of Appeals' recent decision in Ram Tool & Supply Co., Inc. v. HD Supply Construction Supply, Ltd. In Ram Tool, the court addressed the scope of preemption of common law claims by Tennessee’s Uniform Trade Secret Act (TUTSA). The court adopted the "same-proof" standard established by a Tennessee federal court in Hauck Manufacturing Co. v. ASTEC Industries, Inc. Applying this standard, the Tennessee appellate court dismissed common law breach of fiduciary duty, breach of duty of loyalty, intentional interference and civil conspiracy claims, to the extent those claims were based on misappropriation of trade secrets.