RI Equity Distinctions

Question 1

RI: against whom can an entity obtain an injunction for misappropriation of trade secrets.

Answer 1

The relationship of the taker to the owner is irrelevant. RI has adopted the Uniform Trade Secrets Act, which protects all manner of industrial espionage, whether by a former employee or an outside business interest.

Question 2

In Rhode Island when is the defense of laches unavailable?

Answer 2

(1) when the government sues a private party to assert a public right
(2) when a private individual asserts rights of public importance

Question 3

RI: What relief is available in a trade secrets case?

Answer 3

When there is actual or threatened misappropriation, the court may:

• issue an injunction and
• assess punitive damages

Question 4

In Rhode Island, who bears the risk of loss when a purchase and sale agreement for real property is signed?

Answer 4

RI follows the doctrine of equitable conversion whereby equitable title passes to the buyer when the contract is signed. Risk of loss passes to the buyer once the contract is formed.