Between the Lines Blog

Are Attorneys Fees Recoverable When Suing on Trade Secret Claims?
Category: Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case. As we have discussed in prior blog posts on the subject, trade secret claims are often brought alongside a variety of employment and…
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Are Certain Claims Prevented When Bringing a Trade Secret Claim?
Category: Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation of a trade secret. However, a plaintiff seeking to protect trade secrets…
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Do You Need to Have a Contract to Bring a Trade Secret Claim?
Category: Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists. Oftentimes, the parties agree (for example at the start of an employment or contracting…
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What Claims are Related to Trade Secret Claims?
Category: Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality agreements, and other similar types of contractual agreements. We often also…
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Does Arkansas Recognize the Doctrine of Inevitable Disclosure?
Category: Business, Employment, Information Privacy, Security and Data Rights, Intellectual Property, Litigation
Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes. This doctrine has been applied by courts in Arkansas where: after moving over to a competitor, the employee continued to work with clients serviced during the former…
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