In my experience, when final contracts refer to earlier agreements between the parties, it can present fertile ground for textual conflicts. Example: I once litigated a severance dispute where the operative employment agreement provided Delaware law (and fixed venue there, too) and incorporated two prior non-compete agreements. One agreement contained a Nebraska forum clause while …
Tag Archives: NDA
Photo Album Inventor’s Trade Secrets Case Survives Summary Judgment – IL ND
The Northern District recently discussed the reach of the apparent agency doctrine along with trade secret abandonment in a spat over a photo album device. The plaintiff in Puroon, Inc. v. Midwest Photographic Resource Center, Inc., 2018 WL 5776334 (N.D.Ill. 2018), invented the Memory Book, a “convertible photo frame, album and scrapbook” whose key features …
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Third Party Enforcement of A Non-Compete and Trade Secret Pre-emption – IL Law
(photo credit: www.glogster.com) In Cronimet Holdings v. Keywell Metals, LLC, 2014 WL 580414 (N.D.Ill. 2014), the Northern District of Illinois considers whether a non-compete contract is enforceable by a stranger to that contract as well as trade secret pre-emption of other claims. Facts and Procedural History Plaintiff, who previously signed a non-disclosure agreement with a defunct metal company (the “Target …
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