While “data privacy litigation” may immediately conjure up ideas of data breaches or biometrics, data privacy also extends to sensitive or corporate information—and a recent ruling out of the Fourth Circuit handed down a significant precedent with respect to trade secrets. Earlier this month, the Fourth Circuit ruled on an employer’s (second) appeal of the district court’s judgment in favor of an employee in a dispute arising under the Maryland Uniform Trade Secrets Act, Airfacts, Inc. v. Amezaga, No. 20-2344, 2022 U.S. App. LEXIS 9304 (4th Cir. Apr. 6, 2022). The court affirmed in part, reversed in part, vacated in part, and remanded once again to the district court.
The employer, Airfacts, originally brought suit against employee Diego de Amezaga for breach of his employee agreement and misappropriation of trade secrets based on several documents Amezaga brought with him after he resigned from Airfacts. The documents included (1) documents related to a “proration” software Amezaga helped develop and pitch during his employment and (2) flowcharts displaying ticket price rules and other processing information. Amezaga claimed that he emailed copies of the proration documents because his superiors informed him they might reach out with questions about his work. He subsequently sent copies of the flowcharts in a job application to a prospective employer to help the employer understand the work he had done at Airfacts.
With respect to the breach of contract claims, the Fourth...
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