It took a number of years, but my client's former employer, who was hell-bent on pursuing my client for (allegedly) misappropriating their "confidential, trade secret" information and violating his non-compete agreement with them, which, according to them, cost them "more than $1,000,000," finally saw their case dismissed.
And the reason was straightforward:
When, after no less than 4 separate court orders, they couldn't - or wouldn't - disclose what those supposed "trade secrets" were, the Court finally agreed that we were entitled to have the claims dismissed.
Simply put, it's unfair to force someone to defend themselves against a claim that they stole "trade secret" information without being put to your proof that the information: 1) was, in fact, stolen, by the defendant; and, equally, if not more important, 2) that the information was, in fact, a "trade secret."
