In this episode, John, Ben, and Russell explore an important, extremely well-reasoned, recent decision by U.S. District Court Judge William Orrick in Wisk Aero LLC v. Archer Aviation Inc.

The case offers an object lesson about preliminary injunctions in trade secret cases, highlighting that it’s no longer safe to assume you will get a preliminary injunction simply because a former employee downloaded 5,000 documents — even if he invokes the 5th Amendment… well, at least in California — and, as we discuss, probably beyond California too. But, good news: Your case probably won’t be dismissed. We explain all of this through an examination of the decision, why the court came out as it did, what it signals, and what we can learn from it.

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.