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Fairly Competing, Episode 12: Wisk Aero LLC v. Archer Aviation Inc. (How to Avoid Dismissal and Get an Injunction in Trade Secret Cases)

Episode 12 of Fairly Competing is out and we discuss the high profile Wisk Aero litigation in California.

In this episode, Ben, Russell  and I explore the decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc.  Readers will remember that I wrote about this case last year.  The case provides some interesting lessons for lawyers seeking a preliminary injunction in a trade secret case, including that compelling circumstantial evidence alone — i.e., a former employee downloading 5,000 documents and invoking the 5th Amendment — may not be enough to get you an injunction.

So, come join us on Spotify or Apple Podcasts. Or, if you’re just looking for the feed to load into your reader, it’s here: Fairly Competing RSS feed.

And if there are any topics you’d like to hear us discuss, please email Ben, Russell or me . While we cannot offer legal advice on the show, we can certainly discuss any issues you may be interswondering about.


*And, thank you again to Erika Hahn for the intro and outro voice over, Tyler Beck for the music, and mohamed_hassan for the base image.

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