Articles Posted in Antitrust & Trade Regulation

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Orca Communications Unlimited, LLC filed this action against Ann Noder, its former president, and the competing company Noder started after she left Orca, asserting common law tort clams based on alleged misappropriation of confidential information. The superior court dismissed the complaint, concluding that Orca’s common law claims were preempted by Arizona’s Uniform Trade Secrets Act (AUTSA), which creates an exclusive cause of action - and displaces conflicting causes of action - for claims based on the misappropriation of trade secrets. The Supreme Court reversed, holding (1) AUTSA does not displace common-law claims based on alleged misappropriation of confidential information that is not a trade secret; and (2) therefore, AUTSA did not displace Orca’s unfair competition claim. View "Orca Commc’ns Unlimited, LLC v. Noder" on Justia Law