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1,284 cases
- Alder Creek Systems, Inc. v. Verdant Logistics, LLCControlling
61 F.4th 1104 · U.S. Court of Appeals for the Tenth Circuit · March 9, 2023 · cited 214 times
A former director who keeps board materials after resigning holds them in trust, and the continued use of those materials is itself the irreparable harm the statute contemplates …
The opinion uses these words · Decided by a court that binds this matter
- Cordova v. Pike Mountain Analytics, Inc.Potentially controlling
2024 WL 118402 · U.S. District Court, District of Colorado · February 2, 2024
Plaintiff need not identify every document taken at the pleading stage, but must describe the trade secret with enough particularity that the defendant can defend …
The opinion uses these words · Decided by a court that binds this matter
- Harbor Line Software, LLC v. QuillanPersuasive
318 P.3d 887 · Colorado Court of Appeals · November 21, 2013
Customer pricing assembled over years, not obtainable from public sources, is a trade secret under the Act …
The case name matches · Its text uses these words
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Alder Creek Systems, Inc. v. Verdant Logistics, LLC
61 F.4th 1104 · U.S. Court of Appeals for the Tenth Circuit · March 9, 2023
Citation: Alder Creek Sys., Inc. v. Verdant Logistics, LLC, 61 F.4th 1104 (10th Cir. 2023)
*1104Verdant Logistics appeals the preliminary injunction entered against it. Because the district court applied the correct standard and its findings are not clearly erroneous, we affirm.
Alder Creek builds routing software for regional freight carriers. Quinn Bassett sat on its board until March 2021, when he resigned and joined Verdant. In the four days between his resignation and the revocation of his credentials, Bassett downloaded 214 documents from the board portal, including the pricing model at issue here.
*1108A former director who keeps board materials after resigning holds them in trust, and the continued use of those materials is itself the irreparable harm the statute contemplates. The district court was not required to find a separate injury; the loss of control over the secret is the injury.
That does not relieve the plaintiff of showing the material is a trade secret, that reasonable measures were taken to keep it secret, and that the balance of harms and the public interest favor an injunction.
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Courts that bind this matter
U.S. District Court, District of Colorado · Subscribed: Colorado
- Supreme Court of the United StatesControlling on federal questions
The U.S. Supreme Court binds every court on questions of federal law. On a question of state law it is persuasive.
- U.S. Court of Appeals for the Tenth CircuitControlling on federal questions
The U.S. Court of Appeals for the Tenth Circuit binds the district courts within it. Unpublished decisions are not binding precedent.
- Colorado Supreme CourtControlling on Colorado law
On questions of Colorado law, federal courts follow the Colorado Supreme Court. It does not bind them on federal questions.
- Colorado Court of AppealsPotentially controlling on Colorado law
Federal courts generally follow a state’s intermediate appellate courts on state law unless persuaded the state’s highest court would decide otherwise.
- U.S. District Court, District of ColoradoPersuasive
A district court’s decision binds no other court, including other judges of the same district.
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Research a question
Whether continued use of board materials by a former director establishes irreparable harm without separate proof of injury.
Searched “irreparable harm former director trade secret”, “loss of control over secret injunction”
- Alder Creek Systems, Inc. v. Verdant Logistics, LLCControlling
61 F.4th 1104 · U.S. Court of Appeals for the Tenth Circuit
This paragraph may support the proposition that loss of control over the material is itself the harm.
A former director who keeps board materials after resigning holds them in trust, and the continued use of those materials is itself the irreparable harm the statute contemplates.
read at page 1108Authority not verified - Cordova v. Pike Mountain Analytics, Inc.Potentially controlling
2024 WL 118402 · U.S. District Court, District of Colorado
This paragraph may support the standard for particularity at the pleading stage, applied in [citation].
The plaintiff must describe the trade secret with enough particularity that the defendant can prepare a defense. — these words are not in the stored paragraph; read it before using them.
read at ¶ 24Authority not verified
A passage was left out because what was written about it claimed more than the record supports.
Argument Map.The Law Beside the Proof, Element by Element.
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Count 2 — Misappropriation of Trade Secrets
Trade secret
SupportedA compilation of model weights and training data can be a trade secret.
Alder Creek Sys. v. Verdant Logistics, 61 F.4th 1104, 1108 (10th Cir. 2023) Controlling
FACT-004MERIDIAN-000002Elena RuizReasonable measures
Partially supportedTiered access with export approval can be reasonable even when a partner could export in bulk.
Harbor Line Software v. Quillan, 318 P.3d 887 (Colo. App. 2013) Persuasive
FACT-005MERIDIAN-000017Elena RuizMisappropriation
Partially supportedContinued use of materials kept after leaving a board is itself the injury.
Alder Creek, 61 F.4th at 1108 Controlling
FACT-015MERIDIAN-000018Elena RuizFACT-018MERIDIAN-000026J.M. (Rennick contractor)Damages or unjust enrichment
Evidence neededNo proposition yet.
Nothing linked yet.