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The current trade secret case I’m involved in has three very interesting legal issues. One of them is under the uniform trade secrets act, which Minnesota has adopted and many other states did the plaintiff let the three-year statute of limitations expire? And we assert that they knew or should have known about their alleged misappropriation more than three years before they started the lawsuit and therefore the case should simply be dismissed.
A second very interesting legal issue is the uniform trade secrets act has a displacement clause that says that this act displaces all other civil remedies for tort, restitutionary and other civil remedies related to the misappropriation of trade secrets. And there’s an issue about what does that mean and what other claims are precluded? And it will be interesting to see how this case it could be a case of first impression in Minnesota courts on that issue.
And lastly, it’s there’s a breach of contract claim in the case and my clients say they never signed a contract and the plaintiff has – nobody was at the company at the time my clients were hired and they’re saying they did. And we think the case should simply be thrown out on motion because there’s no evidence of a signed contract.
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Minneapolis commercial litigation and professional liability defense attorney Keith Broady discusses a current trade secrets litigation case he is working on.