Michigan Complaint in Federal Court for Wrongful Disclosure and Use of Trade Secrets For Damages and Injunctive Relief
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How to fill out Complaint In Federal Court For Wrongful Disclosure And Use Of Trade Secrets For Damages And Injunctive Relief?
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FAQ
The "inevitable disclosure" doctrine permits the plaintiff in a trade secrets case to establish threatened misappropriation by showing that the defendant's new employment will inevitably lead the defendant to rely on the plaintiff's trade secrets.
Michigan has not yet adopted the ?inevitable disclosure? doctrine, where a plaintiff may prove a claim of trade secret misappropriation by demonstrating that the defendant's new employment will inevitably lead him to rely on the plaintiff's trade secrets.
Under MUTSA, a court can enjoin actual or threatened misappropriation of trade secrets, compel affirmative acts necessary to protect a trade secret, and award damages for misappropriation. Misappropriation includes the disclosure or use of a trade secret without consent. MCL 445.1902(b)(ii).
The inevitable disclosure doctrine allows a plaintiff to ?prove a claim of trade secret misappropriation by demonstrating that defendant's new employment will inevitably lead him to rely on the plaintiff's trade secrets.? PepsiCo, Inc. v.
Under Michigan's Uniform Trade Secrets Act, your employer or competitor can recover three types of damages: (1) injunctive relief, (2) money damages, and (3) attorney's fees associated with bringing the lawsuit. Injunctive relief is simply a court order stopping actual or threatened misappropriation of trade secrets.
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
The Inevitable Disclosure Doctrine The doctrine proposes that an employee ?may be enjoined by demonstrating that the employee's new job duties will inevitably cause the employee to rely upon knowledge of the former employer's trade secrets.?