FIRST WESTERN CAPITAL MANAGEMENT CO. v. MALAMED

Nos. 16-1434, 16-1465 & 16-1502.

874 F.3d 1136 (2017)

FIRST WESTERN CAPITAL MANAGEMENT COMPANY, a Colorado corporation; First Western Financial, Inc., a Colorado corporation, Plaintiffs-Appellees, v. Kenneth D. MALAMED, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED October 30, 2017.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Kent B. Goss , Orrick Herrington & Sutcliffe LLP, Los Angeles, California and Paul H. Schwartz , Shoemaker Ghiselli & Schwartz, LLC, Boulder, Colorado, for Appellant.

Timothy R. Beyer and Sarah L. Hartley , Bryan Cave LLP, Denver, Colorado, for Appellee.

Before McKAY, MATHESON, and McHUGH, Circuit Judges.


First Western Capital Management ("FWCM"), an investment management company, and its parent company First Western Financial, Inc. (collectively, "First Western"), sought a preliminary injunction against former employee Kenneth Malamed for misappropriating trade secrets. The district court excused First Western from demonstrating...

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