The Sixth Appellate District reversed a judgment. In the published portion of its opinion, the court held that an employer’s lawsuit against a former employee was barred under the compulsory cross-complaint statute because it stated claims which should have been raised in prior litigation. The court held further that the trial court nonetheless erred in denying the employer the opportunity to amend its complaint.
In 2005, Align Technology, Inc. discovered that its corporate counsel, Bao Tran, had leaked confidential information to a start-up competitor, OrthoClear, Inc. Tran had also allegedly registered in his own name various patents that should have been registered to Align.
