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 Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

February 2010     MCLE Test and Answer Sheet

Test No. 189: Weapon of Choice

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The court in K.C. Multimedia, Inc. v. Bank of America Technology and Operations, Inc., ruled that CUTSA preempts all common law claims arising from the "same nucleus of facts."
 True.
 False.

2. Remedies under CUTSA include:
 A. Injunctive relief.
 B. Exemplary damages.
 C. Attorney's fees.
 D. All of the above.

3. CUTSA does not define "trade secret."
 True.
 False.

4. CUTSA was modeled after the Uniform Trade Secrets Act.
 True.
 False.

5. When did the California Legislature enact CUTSA?
 A. 1979.
 B. 1984.
 C. 1987.
 D. 1994.

6. Unjust enrichment is recoverable under CUTSA.
  True.
 False.

7. CUTSA displaces contractual remedies based upon misappropriation of a trade secret.
 True.
 False.

8. K.C. Multimedia describes CUTSA's scope as:
 A. Narrow.
 B. Comprehensive.

9. Which district of the California Court of Appeal decided K.C. Multimedia?
 A. First.
 B. Fourth.
 C. Sixth.
 D. Second.

10. All districts of the California Court of Appeal are bound by K.C. Multimedia.
 True.
 False.

11. The existence of a trade secret is an essential element of a CUTSA misappropriation claim.
 True.
 False.

12. Reeves v. Hanlon explicitly addressed CUTSA preemption.
 True.
 False.

13. CUTSA places no cap on the amount of exemplary damages that may be awarded.
 True.
 False.

14. Under CUTSA, exemplary damages are assessed by the jury.
 True.
 False.

15. Think Village-Kiwi, LLC v. Adobe Systems, Inc., ruled that common law claims arising from alleged acts of misappropriation can proceed as "alternative theories" until it is established whether the information at issue constitutes a trade secret.
 True.
 False.

16. In Aversan USA, Inc. v. Jones, the court allowed the plaintiff's common law claims to proceed because they were independent of the plaintiff's CUTSA claim.
 True.
 False.

17. In K.C. Multimedia, the trial court dismissed the plaintiff's claims for breach of confidence, interference with contract, and unfair competition on its own motion prior to trial.
 True.
 False.

18. In Think Village, the plaintiff challenged CUTSA's preemptive effect on common law claims.
 True.
 False.

19. If a claimant wished to challenge the holding in K.C. Multimedia, which California Supreme Court case would be helpful to cite?
 A. Sheehan v. San Francisco 49ers.
 B. Fleishman v. Superior Court.
 C. ReadyLink Healthcare v. Cotton.
 D. Reeves v. Hanlon.

20. Which form of recovery is not available on a claim for interference with contract?
 A. Damages.
 B. Unjust enrichment.
 C. Injunctive relief.
 D. Exemplary damages.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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