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Judge dissolves injunction against former National Fish employee in trade secrets case

Court ruled it could not find evidence of a former NFS employee stealing trade secrets.

A Massachusetts court has dissolved an injunction against former National Fish employee Kathleen Scanlon that the company filed to prevent her from working at competitor Tampa Bay Fisheries.

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In an Oct. 26 order, Massachusetts federal judge Leo Sorokin dissolved Scanlon's injunction on the grounds that it could not find evidence of her stealing files that were trade secrets of National Fish.

"National Fish has not offered any additional evidence from the forensic examination that

Tampa Bay received National Fish’s files from Scanlon or that it now has any such files in its

possession," the court ruled. "The forensic examination’s failure to locate any such files reduces the likelihood of success of National Fish’s claims against Tampa Bay."

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The court is however allowing National Fish to include Tampa Bay's parent company Red Chamber as a defendant in the case, stating there could be "damages flowing from National Fish's lack of notice from Red Chamber in June 2018."

NFS filed a complaint Sept. 28 with US District Court in Massachusetts, requesting that Red Chamber Co. be included as a defendant in the case for failing to intervene in the situation.

"National Fish might have taken steps to prevent data theft had it received notice from Red

Chamber that its subsidiary was taking steps to solicit National Fish’s employee," the court stated.

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