Shan Davis & Associates Obtains Rarely Granted Temporary Restraining Order in Multimillion Dollar Trade Secret Case

Shan Davis & Associates was recently retained to represent one of the nation’s largest deep foundation contractors in a high-stakes trade secret misappropriation case. Our client shared a privileged and confidential foundation design and calculations with a general contractor on an $800 million solar power plant construction project in Laughlin, Nevada. In spite of the fact that the general contractor was specifically advised that the design and calculations were privileged and confidential, and realizing that the design could save approximately $7 million in construction costs, the general contractor allegedly used our client’s design and sent it to numerous third-party contractors in order to get their bids for its construction.

Upon learning that the general contractor apparently used and disclosed the privileged and confidential design, Shan Davis & Associates filed a complaint on behalf of its client for trade secret misappropriation under Nevada’s Uniform Trade Secrets Act (UTSA), and then immediately sought a temporary restraining order to stop the general contractor from using the design and entering into contracts to build the foundations. After a lengthy hearing, the District Court granted our motion, and issued an order restraining the general contractor from entering into contracts with third-parties for construction of our client’s foundation design. At the hearing, the District Court noted that it rarely grants requests for temporary restraining orders because they are one of the most extraordinary remedies a court can enter. After obtaining the temporary restraining order, the general contractor agreed not to use our client’s design, which effectively settled the case at its outset, saving our client tens of thousands of dollars in litigation costs.

Our attorneys handle high-stakes trade secret and intellectual property cases in state and federal courts throughout the Western United States. Our attorneys understand the complexity of intellectual property and trade secret cases, and know that obtaining or defeating injunctive relief early on can mean the difference between success and failure in the case.

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