Wednesday, May 24, 2017

A claim of unfair competition and misappropriation of confidential information.

Practice point:  To establish a cause of action for relief based on unfair competition, a plaintiff must demonstrate that the defendant wrongfully diverted the plaintiff's business to itself. To establish a cause of action based on misappropriation of confidential information, the plaintiff must show that the defendant solicited the plaintiff's customers where the customer list was a trade secret, or where the defendant engaged in wrongful conduct, such as physically taking or copying files or using confidential information.

Case in point:  Baldeo v. Majeed, NY Slip Op 03921 (2d Dep't May 19, 2017)

Here is the decision. 

Tomorrow's issue:  CPLR 3215(c) and default judgments.