Trade Secret and Other State Law
Roe v. Smashwords, Inc., et al. [Read more here]
In 2017, the Sixth Circuit affirmed our 2016 Southern District of Ohio summary judgment defense victory for Smashwords, Inc., the nation’s largest self-publishing platform, in this suit brought by a couple depicted on the front page of a self-published e-book based on NFL player Rob Gronkowski. The case and e-book were made briefly newsworthy after being featured on NPR and TV show Jimmy Kimmel Live. (Our Sixth Circuit Brief | Sixth Circuit Opinion | Our Summary Judgment Motion | Our Reply | Order Granting Motion)
Ms. Brannen negotiated a favorable resolution to hard-fought trade secret litigation concerning allegations of misappropriation of two-factor-authentication technology.
Americana Juice v. Nestle USA
Ms. Brannen provided trial preparation support for this case in which lead trial counsel, Peter Stris, successfully defended Nestle USA, a Global Fortune 100 company, in a nine-figure trade secret trial in South Texas state court, achieving a jury verdict one-tenth the size of his client’s pre-trial settlement offer. The case was extensively covered by the McAllen Monitor which colorfully described Mr. Stris’ closing argument after the jury was asked to award $100 million in compensatory damages. (“Holding a lottery ticket, Stris told jurors . . . ‘She thought she had a ticket to the Texas Mega Millions.’”).