Mortgage Specialists, Inc. v. Joseph C. Davey, IV & a.

Summary

The court upheld the jury verdict rejecting Mortgage Specialists’ trade-secret claim because a reasonable jury could find that the company did not take reasonable measures to preserve the secrecy of its customer information. It held that the New Hampshire Uniform Trade Secrets Act preempts claims based solely on unauthorized use of information, even if the information does not qualify as a statutory trade secret, but does not preempt claims supported by additional conduct, requiring reinstatement of the tortious-interference and Consumer Protection Act claims. The court also vacated sanctions for document destruction and preliminary-injunction violations because the trial court imposed indirect criminal-contempt sanctions without adequate procedural protections.