Episode 12 of Fairly Competing is out!
In this episode, Ben Fink, John Marsh, and I explore an important, extremely well-reasoned, recent decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc.
The case offers an object lesson about preliminary injunctions in trade secret cases, highlighting that it’s no longer safe to assume you will get a preliminary injunction simply because a former employee downloaded 5,000 documents — even if he invokes the 5th Amendment… well, at least in California — and, as we discuss, probably beyond California too. But, good news: Your case probably won’t be dismissed. We explain all of this through an examination of the decision, why the court came out as it did, what it signals, and what we can learn from it.
So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed to load into your reader, it’s here: Fairly Competing RSS feed.
And, because this show is for you, please email John, Ben, or me with any topics you’d like to hear us discuss. While we cannot offer legal advice on the show, we can certainly discuss any issues you may be wondering about.
*And, thank you again to Erika Hahn for the intro and outro voice over, Tyler Beck for the music, and mohamed_hassan for the base image.