About ericpapp

Mr. Papp obtained his law degree from Willamette University College of Law in Salem, Oregon. Since passing the CA bar in 1995, Mr. Papp has attained a reputation as an aggressive litigator who is comfortable advocating for his clients in every arena including bench and jury trials, administrative hearings, arbitrations and mediations.

“Information” as a Trade Secret

Hand in the cookie jarImportantly, “Whether information is a trade secret is ordinarily a question of fact.” ( San Jose Const., Inc. v. S.B.C.C., Inc. (2007) 155 Cal.App.4th 1528, 1537 citing: In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 300; Thompson v. Impaxx, Inc. (2003) 113 Cal.App.4th 1425, 1430; and Morlife, Inc. v. Perry (1997) 56 Cal.App.4th 1514, 1521, 66 Cal.Rptr.2d 731.) As the San Jose Const. Inc. case held, “Whether that information actually constituted a trade secret is a factual issue for the jury or court to determine at trial, Continue reading

Trade Secrets

 Watch out for snakes

“There’s no art to find the mind’s construction in the face: He was a gentleman on whom I built an absolute trust.” Macbeth ( 1.4.12-14)

“Trade secret law also helps maintain ‘standards of commercial ethics….’[Citation.] … By sanctioning the acquisition, use, and disclosure of another’s valuable, proprietary information by improper means, trade secret law minimizes ‘the inevitable cost to the basic decency of society when one … steals from another.’ [Citation.] In doing so, it recognizes that ‘good faith and honest, fair dealing, is the very life and spirit of the commercial world.’” (Altavion, Inc. v. Konica Minolta Systems Laboratory Inc. (2014) 226 Cal.App.4th 26, 42 citing DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 881.) This is exactly what is at stake in most trade secret cases – honesty, ethics and fair dealing Continue reading

When is the Jury “Impaneled and Sworn” for Purposes of the Five Year Rule of CCP § 583.310, et seq.

Jury impaneled and sworn

The case of RUTH McCLAMMA STUEVE et al., v. BUCHALTER NEMER et al., answered this very question. The Stueve case stated: Generally, an action must be “brought to trial” within five years of the filing of a civil complaint. (Code Civ. Proc., § 583.310, et seq.) 1 If the time period is not tolled by statute, the case must be dismissed. (§§ 583.340, 583.360.) Continue reading

Perpetrators Can No Longer Use a Loop Hole In CCP § 1002 to Hide Their Sex Abuses Under the Cloak of Confidentiality

dirty little secrets ccp 1002An Amendment to California Code of Civil Procedure Section 1002 Prevents Hiding Certain Sex Abuses Behind Confidentiality Clauses

As of January 1, 2017, a bill amending California Code of Civil Procedure §1002 would prohibit a confidentiality or secrecy provision in a settlement agreement in a civil action for an act of childhood sexual abuse or an act of sexual assault against an elder or dependent adult and would prohibit a court from entering an order restricting access to or disclosure of any information obtained through discovery.

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Experts Need To Produce Files 3 Business Days BEFORE their deposition

As of January 1, 20expert file, ccp 2034.41517, a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her deposition. (AB-2427) Continue reading

California Employees Cannot be forced into Foreign Courts by Employer

Far far away

California employees cannot be forced to litigate their employment claims far, far away.

Far Far Away

California has always been protective of its citizens.  However, with the ever increasing mobility of employees, some employers will insert a “choice of law” provision into employment contracts, either for convenience of the employer or for favorable (pro-employer) “forum shopping.”  Either way, as of January 1, 2017, California employees cannot be dragged into a foreign court quite so easily to litigate employment claims. Continue reading

Who We Are

The Law Offices of Eric Michael Papp focuses on achieving outstanding results. Whether recovering damages or vigorously defending its clients in any forum, it always comes down to the same thing, teamwork. As attorneys and counselors at law, we work with our clients to keep them informed and engaged at every step; and, importantly, we provide our clients with the tools to make critical decisions for some of life’s most important and, oftentimes, most stressful moments. As a team, we can achieve anything.  Visit us at http://www.ca-nvlaw.com

General Dwight D. Eisenhower

“No one can defeat  us unless we first defeat ourselves.”

– Dwight D. Eisenhower (1890-1969) 34th President of the United States (1953-1961), General of the US Army (1944) займы онлайн на карту срочно