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Written October 8, 2018
Johns Manville Corp.’s bid for a retrial in a trade secrets case against competing Knauf Insulation LLC was denied by the U.S. Court of Appeals for the Tenth Circuit because Knauf met the terms of an agreement over how it used the opinion of its counsel. Johns Manville Corp. v. Knauf Insulation, LLC, 10th Cir., No. 18-1086, 9/5/18.
Johns Manville Corp. accused Knauf Insulation LLC of improperly using its attorney’s advice as “sword and shield"—a defense against the trade secrets allegation that’s also protected attorney-client communication. But the U.S. Court of Appeals for the Tenth Circuit held Sept. 5 that Knauf adhered to a pretrial agreement not to reference any counsel opinion, even if the jury learned that the metallurgist accused of bringing the secrets from Johns Manville to Knauf relayed the information to the company.
Johns Manville Corp. accused Knauf Insulation LLC of improperly using its attorney’s advice as “sword and shield"—a defense against the trade secrets allegation that’s also protected attorney-client communication. But the U.S. Court of Appeals for the Tenth Circuit held Sept. 5 that Knauf adhered to a pretrial agreement not to reference any counsel opinion, even if the jury learned that the metallurgist accused of bringing the secrets from Johns Manville to Knauf relayed the information to the company.
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