Where a plumbing company has requested a preliminary injunction against one of its former employees, that request should be granted in part, as the company has established a likelihood of success on the merits on its trade secrets claims and on its conversion claim.
“Plaintiff and Counterclaim Defendant G&L Plumbing, Inc. (‘G&L’) is a Massachusetts-based plumbing company. G&L brought this suit against the three (3) Defendants after discovering that one of its employees — Defendant Matthew Kibbe (‘Mr. Kibbe’) — was allegedly leading a scheme to construct a competing plumbing business whose cornerstone was G&L’s purported trade secrets. …
“G&L’s brief in support of its motion focused on just three (3) of its seven (7) causes of action: its (1) Defend Trade Secrets Act claim, its (2) Massachusetts Uniform Trade Secrets Act claim, and its (3) conversion claim. Therefore, the Court will only apply the preliminary injunction factors to G&L’s trade secrets and conversion claims. …
“G&L brings trade secrets misappropriation claims against Mr. Kibbe under the federal Defend Trade Secrets Act (the ‘DTSA’), 18 U.S.C. §1836, and the Massachusetts Uniform Trade Secrets Act (the ‘MUTSA’), Mass. Gen. Laws c. 93, §42. To prevail under either statute, G&L must establish that (1) the information at issue constitutes a trade secret, (2) that G&L took reasonable measures to secure the confidentiality of the information, and (3) that the trade secrets were...
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