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Fifth Circuit Spares Trade Secrets Suit, But Clarifies That Specific Evidence of Irreparable Harm Must Support Request for Preliminary Injunction | Seyfarth

in Direct Biologics LLC v. McQueen, et al.the US Court of Appeals for the Fifth Circuit vacated a lower court’s dismissal of a trade secret and restrictive covenants suit, but still stressed the need for movants seeking a preliminary injunction in trade secrets cases to provide specific evidence of the irreparable harm caused by both actual and potential disclosures of trade secrets, and also to prove the difficulty in quantifying damages in order to obtain injunctive relief.

On April 3, 2023, the Fifth Circuit, in an unanimous decision, vacated and remanded a lower court’s decision to deny the request

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