Jackson Lewis: Utah Supreme Court Adopts Presumption of Harm in Trade Secrets Litigation | Practical Law

Jackson Lewis: Utah Supreme Court Adopts Presumption of Harm in Trade Secrets Litigation | Practical Law

This Law Firm Publication by Jackson Lewis P.C. discusses the Utah Supreme Court's recent decision in InnoSys v. Mercer. In a 3-2 decision, the court held that there is a misappropriation of trade secrets when a former employee discloses confidential information or trade secrets by emailing them to her Gmail account and disclosing them in an unemployment proceeding, and unlawfully acquires a business plan by downloading it. In light of the misappropriation, there is a presumption of harm under the Utah Uniform Trade Secrets Act (Utah Code § 13-24-1) and breach of a non-disclosure agreement.

Jackson Lewis: Utah Supreme Court Adopts Presumption of Harm in Trade Secrets Litigation

by Jackson Lewis P.C.
Published on 09 Sep 2015 • United States, Utah
This Law Firm Publication by Jackson Lewis P.C. discusses the Utah Supreme Court's recent decision in InnoSys v. Mercer. In a 3-2 decision, the court held that there is a misappropriation of trade secrets when a former employee discloses confidential information or trade secrets by emailing them to her Gmail account and disclosing them in an unemployment proceeding, and unlawfully acquires a business plan by downloading it. In light of the misappropriation, there is a presumption of harm under the Utah Uniform Trade Secrets Act (Utah Code § 13-24-1) and breach of a non-disclosure agreement.
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