(Court of Appeals of New York) - In this case, in an underlying federal action, the Securities and Exchange Commission moved for sanctions against appellant Dunn. The Magistrate Judge granted the motion in part. Respondent Committee of Professional Standards thereafter filed a petition alleging that Dunn had "engaged in fraudulent conduct prejudicial to the administration of justice adversely reflecting on her fitness as a lawyer" in violation of Rules of Professional Conduct 8.4(c), (d), and (h). The basis of the complaint was essentially the text of the Magistrate's sanctions opinion. Judgment of the Appellate Division finding Dunn guilty of the charged misconduct and finding that collateral estoppel applied to the Magistrate's sanctions order is reversed and the matter is remitted, where: 1) while the issue of whether Dunn had made false statements in her written declaration, it was not the focus of the hearing on the underlying motion for sanctions; and 2) the cursory nature of the sanctions proceedings itself failed to provide a full and fair opportunity to litigate the case.

(United States Ninth Circuit) - In this action alleging false arrest and malicious prosecution, plaintiff was arrested by defendant police officers for an alleged assault on his father-in-law. After plaintiff's arrest, his wife met with one of the police officers and gave him drugs which she purported to have found in plaintiff's car. Soon thereafter, the police officer and plaintiff's wife began a sexual relationship, and plaintiff was charged with assault, elder abuse, and two counts of drug possession. The drug charges were eventually dismissed for lack of probable cause, and a jury acquitted plaintiff the remaining charges, and after conducting an internal investigation, the City of Glendale terminate the police officer for conduct unbecoming of an officer. Summary judgment in favor of defendants is affirmed, where: 1) notwithstanding plaintiff's self-defense claim, there was probable cause to arrest and prosecute plaintiff for assault and elder abuse; 2) because the police officer's relationship with plaintiff's wife began after all of the evidence related to the altercation had been collected and documented, the officer's later misconduct did not undermine the existence of probable cause; and 3) plaintiff failed to demonstrate a Fourth Amendment seizure with respect to the drug possession charges.

(United States Second Circuit) - For Attorney Gordon's misconduct in this Court, this Court's Committee on Admissions and Grievances recommended that Gordon be disciplined. This Court adopts the Committee's findings of fact and recommendations, with certain exceptions, publicly reprimands Gordon, and suspends him from practice before this Court for two months, where the Committee found clear and convincing evidence that Gordon engaged in misconduct warranting the imposition of discipline, including but not limited to delayed filings, a lack of candor at the Committee's hearing, and causing unnecessary expense to the public.

(United States Ninth Circuit) - Plaintiff was convicted of second-degree murder, served over twenty-six years in custody, and was released in 2009 after a federal judge determined that falsified evidence had been introduced at trial and conditionally granted a writ of habeas corpus. The state then dismissed the charges against plaintiff, who subsequently filed this action against defendants, two police detectives, who plaintiff alleges fabricated police reports, investigative notes, and photographs of the crime scene during their homicide investigation. The district court's order denying absolute witness immunity to defendants is affirmed, where: 1) defendants' notes, investigative reports, and photographs of the crime scene were analogous to the sorts of documentary and physical evidence that fall outside the protection of absolute immunity; 2) policy interests behind absolute immunity for testimony do not apply to the investigative materials in this case; and 3) defendants plainly acted in an investigative capacity in producing the notes, reports, and crime-scene photographs, and qualified immunity provided sufficient protection for these activities.

(United States Supreme Court) - Disciplinary sanctions imposed by the state bar, pursuant to Cannon 7(C)(1), on a candidate for judicial office, who mailed and posted online a letter soliciting financial contributions for her campaign, are affirmed over a First Amendment challenge, where Cannon 7(C)(1) is narrowly tailored to serve the State's compelling interest.

(United States Second Circuit) - In an order to show cause why disciplinary or other corrective measures should not be imposed on a lawyer, based primarily on his numerous defaults in several appeals in the Court of Appeals, the lawyer is publicly reprimanded from practice before the Court for eighteen months, both for his misconduct in those appeals and for his failure to properly respond to the order to show cause.

(United States Ninth Circuit) - Convictions against defendant, an attorney convicted of money laundering while representing a client charged with receiving stolen property, are affirmed where: 1) the prosecutor's failure to correct a grand jury witnesses' false testimony as to his motives for cooperating and failure to disclose impeachment evidence to the grand jury do not constitute structural error requiring automatic reversal; and 2) the prosecution's ex parte request that the district court decide in camera whether the government witness's informant activity needed to be disclosed at trial was not improper.

(United States First Circuit) - Affirming a district court dismissal of claims by an attorney suspended from the practice of law for a year in a suit against a host of judicial officers and administrators who participated in his disciplinary proceedings seeking the reinstatement of his license and money damages on the basis of alleged First, Seventh, and Fourteenth Amendment violations, but the Rooker-Feldman doctrine applies where a state court loser files in federal court and bars such actions.

(United States Third Circuit) - In an ethics case, the bankruptcy court's order to vacate a default judgment against the debtor after finding that plaintiffs' attorney, Max Folkenflik, intentionally deceived the court in omitting to inform it of a relevant settlement agreement is affirmed where Folkenflik's misconduct constituted a fraud on the court.

(United States Ninth Circuit) - Reversed the dismissal of a lawful permanent resident's Bivens action against a government immigration attorney who intentionally submitted a forged document in an immigration proceeding to harm the individual's case. The attorney, who was criminally prosecuted and barred from practicing law for 10 years for his actions, argued that it would be improper to extend the Bivens remedy to this situation. Disagreeing, the Ninth Circuit concluded that a Bivens remedy was available on these specific facts.

(California Court of Appeal) - Upheld a Veterinary Medical Board decision to take disciplinary action against a veterinarian for improperly treating four animal patients. Affirmed the denial of the veterinarian's petition for a writ of administrative mandate.

(United States Fifth Circuit) - Held that the Texas Medical Board did not violate a physician's Fourth Amendment rights when it used its subpoena authority to gain immediate access to his patients' medical records at a health clinic where he worked part-time. Reversed the denial of a motion to dismiss.

(California Court of Appeal) - Held that the California Board of Registered Nursing could restrict a registered nurse's license (by making it probationary) based on her past misdemeanor petty theft convictions that were later dismissed. Reversed the issuance of a writ of administrative mandate.

(California Court of Appeal) - Held that an attorney committed misconduct by manifesting gender bias. Reported him to the State Bar. The attorney had filed a notice of appeal that referred to a female judicial officer's ruling as succubustic, a word that refers to a demon assuming female form that has sexual intercourse with men in their sleep.

(United States Fifth Circuit) - Held that an attorney was entitled to another hearing on whether he should be suspended from appearing before the district court. The case arose from alleged improprieties in a court-supervised settlement program established following the Deepwater Horizon oil spill.

(United States Seventh Circuit) - Upheld an attorney's suspension from the practice of law in the Western District of Wisconsin for "serial dilatory, vexatious and unprofessional litigation practices." Also affirmed an order requiring her and her client to pay monetary sanctions in this bankruptcy litigation.

(California Court of Appeal) - Held that a pain management physician did not have to produce the medical records of five of his patients pursuant to a subpoena issued by an investigator with the Medical Board of California, because the board did not establish good cause for the subpoena. Reversed the decision below, in this case involving prescriptions for controlled substances.

(United States Second Circuit) - In an action arising out of the retention of policyholder information by former insurance agents for plaintiff, summary judgment dismissing both plaintiff's claims and defendants' counterclaims is affirmed where: 1) the policyholder information was readily available from another source, and thus did not qualify as a trade secret as a matter of law; 2) plaintiff effectively abandoned its breach of fiduciary duty claim on appeal because it failed to challenge the district court's determination that it could not prove damages on that claim; 3) the agents did not qualify as employees covered by ERISA as a matter of law; and 4) the agents pointed to no evidence showing that plaintiff's allegedly unfair trade practices resulted in an ascertainable loss.

(United States Sixth Circuit) - In a copyright and trade secret infringement suit brought by a provider of credit union software against the developer of a competing credit union software, district court's grant of summary judgment in favor of the defendant is affirmed where: 1) district court did not abuse its broad discretion in refusing to compel additional discovery and plaintiff can point to no errors of fact or law in the court's denial of its employees access to defendant's software; 2) district court did not abuse its discretion in barring the use of an expert's report because the report failed to comply with the requirements of Fed. Rule of Civ. Proc. 26(a)(2)(B); 3) plaintiff was not entitled to take the deposition of defendant's expert witness because defendant designated him as a non-testifying expert; 4) district court did not abuse its discretion in declining to impose a sanction on defendant because plaintiff was not left without a remedy for any harm caused by the third party's spoliation; 5) defendant was entitled to summary judgment on the merits on the copyright infringement claims because plaintiff has not produced any direct evidence of copying and indirect evidence of copying was not sufficient to create a fact question as to whether copying occurred; and 6) district court correctly held that plaintiff's end user product was not a trade secret because plaintiff did not take reasonable steps to maintain its secrecy.

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.

(United States Ninth Circuit) - In an action for copyright infringement and breach of an employment agreement arising out of defendant's sale of a toy doll idea to a competitor of plaintiff instead of disclosing and assigning it to plaintiff as required by the agreement, an injunction in favor of plaintiff is vacated where: 1) the district court’s imposition of a constructive trust forcing defendant-corporation to hand over its sweat equity was an abuse of discretion and must be vacated; 2) because the agreement’s language was ambiguous and some extrinsic evidence supported each party’s reading, the district court erred by granting summary judgment to plaintiff on this issue and holding that the agreement clearly assigned works made outside the scope of defendant's employment; and 3) the district court’s error in construing the employment agreement was sufficient to vacate the copyright injunction.

(United States Third Circuit) - In plaintiff's suit for preliminary injunctive relief against its former vice president of operations, following defendant's acceptance of a senior executive position with plaintiff's competitor, Hostess Brands, seeking to protect its trade secrets involving plaintiff's popular line of Thomas' English Muffins, of which defendant was one of only seven people who possessed all of the knowledge necessary to replicate the muffins, district court's grant of plaintiff's motion for preliminary injunction is affirmed where: 1) the district court had discretion to enjoin defendant from working at Hostess to the extent this proposed employment threatened to lead to the misappropriation of trade secrets; 2) district court did not abuse its discretion by determining that plaintiff demonstrated a likelihood of success on its misappropriation of trade secrets claim; 3) district court did not abuse its discretion when, faced with evidence of defendant's suspicious conduct during his final weeks at plaintiff, it determined that a stronger remedy was needed in the interim to protect plaintiff from imminent irreparable harm; 4) district court was correct in concluding that the harm of plaintiff's trade secrets being disclosed to Hostess outweighed the harm to defendant of not being able to commence employment at Hostess until the court made a final determination of the merits following a trial; and 5) district court was correct in concluding that the public interest in preventing the misappropriation of plaintiff's trade secrets outweighs the temporary restriction of defendant's choice of employment.

(California Court of Appeal) - In plaintiff's suit against E*Trade Financial Corporation (E*Trade) for misappropriation of trade secrets under the California Uniform Trade Secret Act, trial court's denial of plaintiff's request for award of reasonable royalties is reversed and remanded where: 1) given the jury's finding that E*Trade did not profit from its misappropriation of trade secrets, unjust enrichment is not "provable" within the meaning of section 3426.3; 2) since E*Trade had consistently and successfully taken the position that plaintiff's actual losses are not provable, E*Trade is estopped from arguing otherwise now; and 3) because neither actual loss nor unjust enrichment is provable, the trial court had discretion pursuant to section 3426.3(b) to order payment of a reasonable royalty.

(United States Third Circuit) - In plaintiff's suit for interference with contract, unfair competition, and misappropriation of trade secrets, in connection with a technology for manufacturing a critical intermediate chemical used in manufacturing nylon, district court's denial of defendant's motion to either dismiss or stay the litigation in favor of arbitration is affirmed where: 1) the Tribunal's holding that it does not have jurisdiction over defendant moots this appeal, and given the Tribunal's ruling, it is clear that the district court could not have enforced the arbitration clause as defendant had urged; and 2) because defendant's appeal from the denial of its motion to dismiss under section 3 of the FAA is moot and must be dismissed, its appeal from the district court's denial of its discretionary motion to stay must also be dismissed for lack of pendent appellate jurisdiction.

(Supreme Court of Delaware) - In an action for misappropriation of trade secrets, judgment for plaintiff is affirmed where a lawful termination of a contract is not fatal to a claim of tortious interference with contractual relations, because the focus of the claim is on the defendant's wrongful conduct that induces the termination of the contract, irrespective of whether the termination is lawful.

(United States Ninth Circuit) - In a Freedom of Information Act, 5 U.S.C. section 552, dispute arising from requests for Notices of Seizure of Infringing Merchandise pursuant to 19 C.F.R. section 133.21(c), judgment of the district court is affirmed in part and vacated in part where court properly held that plaintiff's requests fall within Exemption 4 but erred in finding that 19 C.F.R. section 103 fees had been invalidated.

(United States Third Circuit) - Conviction and sentencing of defendant for principally violating the International Emergency Economic Powers Act (IEEPA), 18 U.S.C. section 371, for marketing a software program to Iranian actors and forming agreements with Iranian entities to provide technology to facilitate the construction of multiple chemical plants, are upheld where: 1) district court properly held that IEEPA does not violate the nondelegation doctrine; and 2) defendant's actions that occurred more than five years prior to the indictment were part of a continuing course of conduct that extended into the limitations period and contributed to the charged conspiracy, such that they were not barred by the statute of limitations.

(United States First Circuit) - In dispute arising from a district court order preliminarily enjoining defendants from misappropriating plaintiff's trade secrets by selling computer mouse products similar to or derived from those made by plaintiff, order is affirmed where court properly upheld the validity of a non-disclosure agreement between the parties.

(United States Federal Circuit) - In a suit involving claims of indirect patent infringement and misappropriation of a trade secret: 1) the district court's denial of the defendant's motions for judgment as a matter of law of invalidity and noninfringement is reversed, where the jury lacked substantial evidence to find that another patent did not anticipate the claim; and 2) the district court's grant of judgment as a matter of law to the defendant on the plaintiff's trade secret claim is affirmed, where another patent publicly disclosed the alleged secret before the plaintiff communicated it to the defendant, and thus the jury's verdict of trade secret misappropriation was not supported by substantial evidence.

(California Court of Appeal) - Postjudgment order awarding defendants attorney fees and costs pursuant to Civil Code section 3426.4 is affirmed where the trial court: 1) applied the correct interpretation of section 3426.4; and 2) did not abuse its discretion in finding "bad faith" on the part of plaintiff in bringing its trade secret misappropriation claim against defendants.

(United States Federal Circuit) - In a suit involving claims of patent infringement and misappropriation of trade secrets, arising from an award of a military contract to its competitor to provide infrared cameras, district court's grant of summary judgment in favor of the defendants is reversed, as it was for the jury and not for the district court to determine when plaintiff should have first discovered the facts supporting its cause of action. Here, the district court erred by resolving genuine factual disputes in favor of the defendant, the moving party, in concluding that the statute of limitations barred plaintiff's claim.

(United States First Circuit) - In an action for trade secret misappropriation and breach of contract, involving certain ergonomic computer mouse products, district court's judgment is: 1) reversed where the it erred in extending the injunction to defendant's ErgoRoller product because the record does not support the finding that defendant breached the NDA in producing this product; 2) affirmed where it did not err in the duration of the injunction as applied to the other enjoined products; and 3) affirmed where it did not err in jury instructions on lost profits, as but for the breach, plaintiff could have recovered the lost profits by employing another company to manufacture the products and selling them.

(United States Second Circuit) - In plaintiff's suit against its former employee for unauthorized access and misuse of a computer system and misappropriation of trade secrets in violation of Connecticut laws, district court's dismissal of the complaint for lack of personal jurisdiction is reversed and remanded where the foreign defendant's use of a computer in Connecticut satisfied the jurisdictional requirement of both the Connecticut long-arm statute and due process.

(United States Ninth Circuit) - In copyright infringement action brought by plaintiff, maker of Barbie dolls, against defendant, maker of Bratz dolls, judgment for defendant on counterclaim for trade secret misappropriation and awarding attorney fees for prevailing on copyright claim is: 1) reversed and remanded on defendant's counterclaim for trade secret misappropriation which did not rest on the same "aggregate core of facts" as plaintiff's claim, was thus, not compulsory; but 2) the district court did not abuse its discretion in awarding defendant fees and costs under the Copyright Act.

(United States Federal Circuit) - Summary judgment for defendant on patent infringement claims involving a wire tier device that is used to bale recyclables or solid waste is: 1) reversed in part and remanded with respect to claims 1-4 of the ’877 patent, where the district court erred in it construction of the terms "each" and "a respective one"; but 2) affirmed on claim 5 of the ’877 patent and all of the asserted claims of the ’992 patent; and 3) affirmed on the denial of plaintiff's motion for additional discovery pursuant to and the dismissal of plaintiff's Missouri Uniform Trade Secrets Act cause of action.

(California Court of Appeal) - Trial court's orders denying plaintiff's motion for attorney fees and costs and granting the motion to strike its cost memorandum in favor of defendants are reversed and remanded, where parties to a settlement agreement can validly specify that one party is potentially a prevailing party and reserve for later determination by the trial court whether that party did prevail, as well as other factual matters involved in making an award of statutory attorney fees.

(United States Federal Circuit) - Summary judgment for defendant on plaintiff's state law business tort claims is vacated and remanded, where the district court lacked subject matter jurisdiction over plaintiffs' claims because: 1) defendant's allegedly inaccurate statements regarding its patent rights concerned conduct taking place entirely in Taiwan; 2) the use of a patented process outside the United States is not an act of patent infringement; and thus, 3) there is no prospect of a future U.S. infringement suit arising out of the Taiwan company's use of the parties' products in Taiwan, and accordingly no prospect of inconsistent judgments between state and federal courts.

(United States Fourth Circuit) - The district court did not abuse its discretion in staying plaintiffs' action seeking declaratory relief that it was not committing violations asserted by defendants in an earlier filed state law action, pending the resolution of the earlier parallel state lawsuit filed by defendants, where plaintiffs had every opportunity to procure a federal forum by removing defendants' first filed state suit rather than by bringing a separate federal action in an entirely separate federal district.

(United States Federal Circuit) - In an action alleging that the government misappropriated plaintiff's trade secrets, the Fifth Circuit's decision vacating the district court’s judgment for plaintiff and remanding the case for transfer of the case to the Claims Court under 28 U.S.C. section 1631, is affirmed, where: 1) the Fifth Circuit ruling that the case must be transferred to the Claims Court is law of the case; and 2) the Claims Court has jurisdiction over plaintiff's suit because although plaintiff brought the action under the Federal Tort Claims Act, which now must give way, plaintiff is within the class of those authorized to recover upon proof of breach of contract, injury, and amount of damages, as well as a Fifth Amendment taking.

(United States Second Circuit) - Defendant's convictions under the Economic Espionage Act (EEA) and the National Stolen Property Act (NSPA) are affirmed, where: 1) on the EEA conviction, defendant fails to show that purported error in the pleading of the law's jurisdictional element affected his substantial rights or the fairness, integrity, or public reputation of judicial proceedings; 2) on the NSPA conviction, defendant fails to show that the theft of his employer's computer code did not satisfy the law's "goods, wares, or merchandise" requirement because, although the code itself was intangible intellectual property, defendant stole it in the tangible form of thousands of sheets of paper; 3) defendant fails to establish any instructional error; and 4) defendant's claims of constructive amendment and prejudicial variance fail on the merits.

(United States Federal Circuit) - In suit to correct inventorship of the "Tuschl Patents," the district court's denial of defendants' motion to dismiss is affirmed, where: 1) the district court did not err in ruling that this is not a dispute between States falling within the exclusive original jurisdiction of the Supreme Court; 2) plaintiff was free to choose between filing this suit in the Supreme Court and filing in federal district court; and 3) the University of Massachusetts is not an indispensable party.

(United States First Circuit) - The district court's preliminary injunction that restrained defendant, a former employee of plaintiff, from doing business with certain customers to whom he had sold products and services while in plaintiff's employ, is affirmed, where: 1) the identity of the party making initial contact is just one factor among many that the trial court should consider in drawing the line between solicitation and acceptance; 2) the evidence of record is adequate to underpin the lower court's determinations that defendant violated the non-solicitation covenant and that plaintiff is therefore likely to succeed on the merits; and 3) the district court narrowly tailored the preliminary injunction with respect to non-disclosure, enjoining only the use of information contained in defendant's notes.

(California Court of Appeal) - Rule 8.278 of the California Rules of Court precludes defendant from recovering the interest paid on the borrowed funds that are deposited with the court in lieu of an appeal bond, and a recent amendment of rule 8.278, which expressly allows recovery of interest in this situation, and which became effective during the pendency of this appeal, should not be given retroactive application.

(California Court of Appeal) - In an unfair competition suit arising out of claims by plaintiff, a large scale laundry business, against defendant, a new competitor in the laundry business and one of its own former employees, summary adjudication for defendant on all claims not arising under the Uniform Trade Secrets Act (UTSA), is: 1) reversed in part, where the trial court erred in concluding that the non-UTSA claims were preempted or displaced by UTSA because each cause of action has a basis independent of any misappropriation of a trade secret; and 2) otherwise affirmed.

(United States Federal Circuit) - The district court's decision finding defendant in contempt of its 2001 order adopting the parties' Settlement Agreement that plaintiff would be the sole owner of three U.S. patents and one pending U.S. patent application, is reversed and the injunction is vacated, where none of challenged conduct in developing and selling the pressure exchanger violates any provision of the 2001 Order.

(United States Federal Circuit) - The district court's orders purporting to clarify a preliminary injunction and enjoining defendants from using various materials and processes first developed by plaintiff, are vacated and remanded, where the district court lacked jurisdiction over this case when plaintiff initiated this lawsuit because plaintiff's complaint does not allege a sufficient controversy concerning inventorship, but instead concerns only ownership of the disputed patent.

(California Court of Appeal) - Judgment for plaintiff finding that defendant had misappropriated plaintiff's trade secrets regarding its digital stamping technology (DST), which was disclosed to defendant during negotiations pursuant to Non-Disclosure Agreement, is affirmed, where: 1) plaintiff did not fail to adequately identify its trade secrets; 2) the trial court did not err in its identification of the misappropriated trade secrets; 3) ideas are protectable as trade secrets; 4) design concepts underlying plaintiff's DST constitute protectable "information"; 5) substantial evidence supports the trial court's finding that plaintiff's DST design concepts had independent economic value and the finding that defendant misappropriated plaintiff's trade secrets; 6) the trial court properly based its damages award on the reasonable royalty measure of damages, and did not err in awarding prejudgment interest; and 7) defendant has not demonstrated the trial court abused its discretion in basing its fee award on local hourly rates or shown the hourly rates employed by the trial court were unreasonable.

(California Court of Appeal) - In this malicious prosecution action brought by plaintiffs against defendant-attorneys, order granting defendants' anti-SLAPP motion and order granting defendant its attorney fees and costs are reversed, where: 1) the Code of Civil Procedure section 340.6 is not the appropriate statute of limitations for a malicious prosecution action; and 2) plaintiffs have presented sufficient evidence that they otherwise have a probability of prevailing.

(United States Federal Circuit) - Ruling of the International Trade Commission that respondent-intervenor uPI violated the Consent Order as to the imports known as "formerly accused products" is affirmed, the modified penalty is affirmed, and the ruling of no violation as to the post-Consent Order products is reversed, where: 1) substantial evidence does not support the Commission's conclusion that uPI's post-Consent Order products were independently developed; and 2) the United States sale or importation of downstream products, which incorporate uPI's formerly accused upstream products and infringe the '190 patent, constitutes a violation of the Consent Order's knowingly aiding or abetting provision.

(United States Federal Circuit) - In this case, plaintiffs allege that defendants violated state-law torts of misappropriation of trade secrets and engaged in conspiracy to misappropriate trade secrets. Dismissal of the complaint for failure to state a claim on which relief can be granted is reversed and remanded for further proceedings, where: 1) the district court relied on judgments about the merits that go beyond what is authorized at the complaint stage; and 2) plaintiffs' specific factual allegations of protective measures taken against trade secret misappropriation are enough to survive a motion to dismiss.