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.

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Photo of Kurt Kappes Kurt Kappes

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade…

Kurt A. Kappes is the Managing Shareholder of the Sacramento Office and Co-Chair of the firm’s Labor & Employment Practice’s Complex Employment Litigation & Trials group. He has extensive lead trial experience in many complex litigation cases, including: class actions, commercial claims, trade secrets and employee mobility, computer fraud, non-compete, unfair competition, and Business and Professions Code Section 17200 actions. He has also represented clients in labor and employment issues, including advisory matters, trade secret audits, contracts, discrimination claims, whistleblower cases, and wrongful termination litigation.

Recognized by Super Lawyers magazine, as one of Northern California’s Super Lawyers, Kurt has argued cases before the Ninth Circuit Court of Appeals, the California Supreme Court, and the Third District Court of Appeals. He has also represented clients before the United States Supreme Court, as well as in administrative hearings, arbitrations (single and panel), writ proceedings, jury trials, and bench trials.

Photo of Tiffany Fordyce Tiffany Fordyce

Tiffany S. Fordyce is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group and Co-Chair of the Chicago Labor & Employment Practice. She concentrates her practice on commercial litigation, with an emphasis on labor and employment. Her employment…

Tiffany S. Fordyce is Co-Chair of the firm’s Labor & Employment Practice’s Workforce Compliance & Regulatory Enforcement group and Co-Chair of the Chicago Labor & Employment Practice. 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, Illinois Biometric Information Privacy Act (BIPA) claims and WARN Act claims. Tiffany defends single plaintiff, class action and collective action employment cases. Tiffany represents employers in federal, state and administrative courts, as well as before administrative agencies.

In addition to litigation, Tiffany also presents group and one-on-one employment training seminars. She advises clients on how to avoid litigation by counseling on employment related matters such as managing leave policies, responding to employee performance issues, national and local reductions in force, handbooks, BIPA compliance, drug testing policies, employment and consulting agreements, severance packages, social media policies, proper employee classification, and non-competition and separation agreements. She also is frequently called upon to conduct investigations and audit human resources practices and protocols, including as it relates to pay equity, whistleblower, harassment and discrimination complaints.