Ninth Circuit Issues Opinion Vacating Arizona Jury’s Misappropriation Damages Award Because Plaintiff Failed To Apportion Between Confidential Profit Margin And Expense Rate Information And Other Non-Trade Secret Information

Employer METI guarded its confidential financial information by, among other methods, locking printed versions in a corporate vault and password-protecting the information with the password provided only to those who signed non-disclosure agreements.

Shortly before departing METI’s employ, employee Romeo allegedly downloaded thousands of his employer’s confidential financial documents onto multiple flash drives. After he was employed by METI competitor ISS, he allegedly used the information in a PowerPoint presentation to ISS staff. ISS saved the presentation and referred to it in subsequent strategy meetings.

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