Irreparable Harm Presumption Not Proper In Trade Secrets Suit, Panel Rules

Mealey's (October 31, 2017, 12:23 PM EDT) -- DENVER — A federal district court erred in ruling that a plaintiff in a misappropriation of trade secrets suit did not need to make a showing of irreparable harm based on 10th Circuit U.S. Court of Appeals precedent in seeking a preliminary injunction because neither the Defend Trade Secrets Act of 2016 (DTSA) nor the Colorado Uniform Trade Secrets Act (CUTSA) allows for a presumption of irreparable harm in making those claims, a 10th Circuit panel ruled Oct. 30 in reversing and remanding (First Western Capital Management Co., et al. v. Kenneth D. Malamed, Nos. 16-1434, 16-1465 and 16-1502, 10th Cir., 2017 U.S. App. LEXIS 21486)....