Tajima LLP recently represented an individual sued by his former employer in a dispute involving trade secret, confidential-information, and employment claims. The defense focused on a series of strategic decisions designed to move quickly to the merits, test the plaintiff’s evidence, and build leverage for resolution.
Securing Indemnity—and Aligning the Defendants
One of our first steps was securing indemnity for our client from his current employer, which had also been named as a defendant.
The indemnity did more than protect our client from the financial burden of defending the lawsuit. It aligned the corporate defendant with the individual employee the plaintiff had targeted, giving the defendants a common interest in defeating the claims and allowing them to approach the litigation from a coordinated position.
Forgoing a Demurrer to Speed the Case Up
Although the complaint presented potential pleading challenges, we elected not to spend months on a demurrer that might simply result in an amended complaint. Instead, we answered, moved directly into discovery, and asserted affirmative employment claims on our client’s behalf—including a claim carrying a potential entitlement to attorneys’ fees.
That decision accelerated the case toward developing the evidence while creating affirmative exposure for the plaintiff.
Forcing Identification of the Alleged Trade Secrets
Discovery focused on a simple question: What trade secrets did the plaintiff contend our client took, and what evidence showed that he took or used them?
We repeatedly pressed the plaintiff for a specific answer. Ultimately, the plaintiff acknowledged that it could not produce evidence showing that our client accessed the alleged trade secrets after his employment ended. That concession materially changed the posture of the case.
Previewing a Dispositive Motion Before Mediation
Before mediation, we advised the plaintiff that we intended to seek judgment on the pleadings and previewed the grounds for the motion. This allowed us to preserve the motion without first incurring the cost of briefing it, while ensuring that the plaintiff entered mediation knowing the legal and evidentiary challenges its claims would face if the case continued.
Using Attorneys’ Fees Exposure to Drive Resolution
Our client’s affirmative claims provided another source of leverage. Because those claims included a potential entitlement to attorneys’ fees, the plaintiff faced the prospect that continuing the litigation could result not only in defeat of its own claims, but also liability on our client’s claims and a substantial fee award.
That exposure, combined with the weaknesses developed through discovery and the anticipated dispositive motion, helped change the economics of the case.
Resolution
The matter ultimately resolved to the mutual satisfaction of the parties, with the settlement terms remaining confidential.
The result illustrates the value of treating each stage of litigation as part of a broader strategy: protect the client at the outset, move efficiently toward the evidence, develop affirmative leverage, and position the case for resolution from strength rather than necessity.