Federal Defend Trade Secrets Act Enacted
July 14, 2016 —
Michael B. McClellan & Jason L. Morris – Newmeyer & Dillion LLPOn May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law,
creating a private federal civil cause of action for trade secret misappropriation. This landmark
legislation, a product of bipartisan backing and significant support from the business
community, will affect businesses and individuals operating in almost every economic sector
across the country. The DTSA will potentially be at issue any time an employee with access to
confidential, proprietary, and trade secret information moves on to a competitor or launches
a startup that competes with the former employer. This will be true so long as the product
or service that the trade secret relates to is either used in or intended for use in interstate
or foreign commerce. Under present commerce clause jurisprudence, the vast majority of
businesses providing products and services in the United States will be affected by this new law.
The DTSA will provide, for the first time, a codified federal civil remedy for
misappropriation of trade secrets. Although most states have adopted some version of the
Uniform Trade Secrets Act (“UTSA”), there remains significant variation between the states in
their application of the UTSA and litigants face significantly different statutory frameworks
depending upon which state holds jurisdiction over the dispute. In addition, prior to this
new law, litigants were limited to pursuing their claims for misappropriation of trade secrets
in state courts, unless federal diversity jurisdiction applied to the dispute. The DTSA changes
that dynamic, providing original federal subject matter jurisdiction over trade secret disputes.
Reprinted courtesy of
Michael B. McClellan, Newmeyer & Dillion and
Jason L. Morris, Newmeyer & Dillion
Mr. McClellan may be contacted at Michael.mcclellan@ndlf.com
Mr. Morris may be contacted at Jason.morris@ndlf.com
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Bremer Whyte Brown & O’Meara LLP Attorneys to Speak at the 2016 National Construction Claims Conference
September 01, 2016 —
Beverley BevenFlorez-CDJ STAFFBremer Whyte Brown & O’Meara, LLP (BWBO), announced that Keith G. Bremer, Founding Partner and John H. Toohey, Partner, will be speaking at the CLM National Construction Claims Conference being held September 28-30th this year. More than 500 professionals will gather at the conference location, the Manchester Grand Hyatt in San Diego, California.
According to BWBO’s release, “the CLM will hold the most comprehensive construction claims conference ever. In addition to addressing construction defect claims, conference sessions will also address facets of construction-related claims including construction site accidents/injuries, coverage issues, subcontractor issues, and new technologies. Sessions will also address issues on the national, regional, and state levels.”
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Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results
October 21, 2019 —
Sergio F. Oehninger & Daniel Hentschel - Hunton Insurance Recovery BlogA Louisiana court recently denied an excess insurer’s bid for summary judgment, finding that the insurer’s interpretation of a pollution exclusion would lead to “absurd results.”
Central Crude, Inc., a crude oil transporter company, experienced an oil pipeline leak, allegedly causing damage to property belonging to Columbia Gas Transmission Company. Columbia Gas sued Central Crude seeking compensatory damages and injunctive relief to compel remediation of the site. Central Crude sought coverage under a CGL primary insurance policy issued by Liberty Mutual. The insurer initially agreed to cover Central Crude’s “reasonable and necessary costs” relating to the incident, but later refused to defend or indemnify Central Crude for any costs incurred from the incident. As a result, Central Crude brought suit against Liberty Mutual and its excess insurer, Great American, to enforce coverage.
Great American moved for summary judgment arguing coverage was excluded by the excess policy’s pollution exclusion, which precludes coverage for injury “arising out of a discharge of pollutants.” Central Crude responded arguing that the exclusion’s applicability was invalidated or at least rendered ambiguous by the Following Form Endorsements, which reflect an intent to mirror the coverage afforded under the primary Liberty Mutual policy, and because coverage appears to be specifically authorized through the Premises Operations Liability Endorsement.
Reprinted courtesy of
Sergio F. Oehninger, Hunton Andrews Kurth and
Daniel Hentschel, Hunton Andrews Kurth
Mr. Oehninger may be contacted at soehninger@HuntonAK.com
Mr. Hentschel may be contacted at dhentschel@HuntonAK.com
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Construction Down in Twin Cities Area
October 30, 2013 —
CDJ STAFFAlthough the year has been better for the Minneapolis/St. Paul area, with a 9% increase since last year, this September saw 25% less construction spending than last September. Non-residential construction dropped even further, losing 36%.
Although September was a bad month, the year-to-date value of construction contracts is about $3.3 billion, exceeding last year’s $3.0 billion for the region.
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Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services
July 21, 2018 —
Stephen M. Tye - Haight Brown & Bonesteel LLPHaight proudly donates to the Justice & Diversity Center of the Bar Association of San Francisco’s 11th Annual “Ride for Justice” in support of San Francisco attorney Stephen M. Tye. This is Mr. Tye’s second year participating in the JDC’s Bike-A-Thon, which raises funds to provide pro bono legal services programs that provide access to justice for thousands of San Franciscans every year.
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Stephen M. Tye, Haight Brown & Bonesteel LLPMr. Tye may be contacted at
stye@hbblaw.com
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
August 15, 2022 —
Carin Ramirez - Colorado Construction LitigationRecently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022. The Court held that the faulty workmanship exclusion at issue extended to preclude coverage for later ensuing damage that arose from the faulty workmanship, even though the damage was weather related, because faulty workmanship was the primary cause of the ensuing damage.
The claims in The Lodge at Mountain Village arose from maintenance work performed on log siding at three multi-unit condominium buildings in Telluride. The maintenance work to the log siding included staining, finishing, and chinking repairs to joints between the logs. About a year after completion of the work, The Lodge at Mountain Village Owners Association (“The Lodge”) notified the maintenance contractor that logs were extremely weathered and that its work was defective. The Lodge retained an expert who prepared a report stating that the log finish and underlying wood was deteriorating because of the contractor’s work and that some areas were not properly protected from exposure to snow, rain, and brine from ice-melting salt. The Lodge pursued and settled its claims against the contractor.
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Carin Ramirez, Higgins, Hopkins, McLain & Roswell, LLCMs. Ramirez may be contacted at
ramirez@hhmrlaw.com
Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors
May 03, 2021 —
Suzanne Pollack - Lewis BrisboisSan Diego Associate Suzanne Pollack was recently elected to the 2021 Lawyers Club of San Diego Board of Directors for a three-year term that will begin on July 1, 2021. Founded in 1972, the mission of Lawyers Club - San Diego’s largest specialty bar association - is to advance the status of women in the law and society.
“I am honored to be joining Lawyers Club’s Board of Directors, particularly after this last year, during which we saw the dramatic impact that the pandemic had upon women in the workforce," said Ms. Pollack. "Promoting equality, diversity, and advocacy has never been more important, and I look forward to working with the Board to further these goals.”
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Suzanne Pollack, Lewis BrisboisMs. Pollack may be contacted at
Suzanne.Pollack@lewisbrisbois.com
Shea Homes CEO Receives Hearthstone Builder Humanitarian Award
February 12, 2014 —
Beverley BevenFlorez-CDJ STAFFBert Selva, Shea Homes CEO, received the Hearthstone Builder Humanitarian Award at the 2014 NAHB International Builders’ Show in Las Vegas, Nevada, according to Big Builder. Selva “has served for 11 years on HomeAid's board of directors,” and “is a big supporter of the nonprofit that works to provide housing for homeless families, victims of natural disasters, and veterans.” Furthermore, “Shea Homes has built eight HomeAid shelter projects valued at more than $5.2 million and has contributed nearly $850,000 to HomeAid and its chapters, making it one of the group's largest benefactors.” Not only does Selva actively support HomeAid, he also “serves as a national vice president of the Muscular Dystrophy Association.”
"I ask myself, 'How would it feel if that were me or my family?'" Selva told Big Builder. "When you personalize it, it becomes a lot more real and that's the motivation for me."
The award “includes recognition at an event during the 2014 International Builders' Show and a cash award to a charity of his choice.”
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