A Colorado state district court has revisited how to analyze whether a common law claim is preempted by the Colorado Uniform Trade Secrets Act (“CUTSA”) in CORE Consultants, Inc. v. Ferran, No. 2021CV31719, 2022 WL 20407191 (Colo. Dist. Ct. May 19, 2022). Two Analytical Approaches: “Elements” and “Facts” “Some determine whether the common law claim […]
The lawyers at Thomas P. Howard LLC successfully moved to dismiss Colorado civil theft and conversion claims as preempted by the Colorado Uniform Trade Secrets Act (“CUTSA”) in CORE Consultants, Inc. v. Ferran, No. 2021CV31719, 2022 WL 1637926 (Colo. Dist. Ct. May 5, 2022). The Colorado civil theft statute (see C.R.S.§ 18-4-405) provides: All property […]
Many businesses have proprietary secrets that give them a competitive advantage, ranging from secret recipes, client lists and formulas to innovative know-how, algorithms and marketing strategies. Such a trade secret is a type of intellectual property protected by both federal and Colorado state law. The whole point of a trade secret is that it’s secret—so […]
By James Juo. Colorado has a fundamental policy of voiding contractual noncompete provisions that do not fall within one of the statutory exceptions. Any covenant not to compete which restricts the right of any person to receive compensation for performance of skilled or unskilled labor for any employer shall be void unless that provision is […]
By: Kammie Cuneo Colorado has a strong public policy against worker intimidation and restraint of trade.[1] Colorado law generally voids covenants not to compete, as they restrict the rights of workers to receive compensation for skilled or unskilled labor. C.R.S. § 8-2-113(2). This law has endured for several decades and has been refined and reinforced […]