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Mass. high court hears dispute over trade‑secret injunction and denied non‑solicit in Daikin appeal
Summary
At oral argument in Daikin Applied Americas v. Russo et al., the justices questioned whether a presumption of irreparable harm should apply in trade‑secret cases and whether a one‑year non‑solicit preliminary injunction was an impermissible end‑run around bargaining and equitable principles.
BOSTON — The Massachusetts Supreme Judicial Court heard oral argument over whether a company whose confidential HVAC bidding data was copied by former employees is entitled to a presumption of irreparable harm and a narrow one‑year non‑solicitation order.
Stephen Melnick, counsel for plaintiff Daikin Applied Americas Inc., told the court the superior court erred by denying the final part of a preliminary injunction that would have barred defendants from soliciting a limited list of Daikin customers for one year. "Once a trade secret is disclosed, it is lost forever," Melnick said, arguing that "you can never get it back no matter how many dollars you get." He described the materials taken…
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