Dawn Rudenko Albert is a Partner in our
Stamford office.
In a case of first impression, Judge Gregg Costa of the Fifth
Circuit, affirming a lower court decision, held that a dismissal
without prejudice of a Defend Trade Secrets Act (DTSA) case does
not support a prevailing-party fee award. Dunster Live, LLC v.
Lonestar Logos Management Company, (5th Cir.-- F.3d -- (2018))
2018 WL 5916486.
The plaintiff and defendants are former members of a limited
liability company that previously had the contract with Texas to
construct and install highway signs at approaching exits. Prior to
the expiration of that contract, the defendants formed a new
company without the plaintiffs. The defendants' new company won
the new contract. The plaintiff sued in the Western District of
Texas claiming that the defendants stole proprietary software and a
database in violation of the DTSA.
