9th Circuit Victory for Bausch Health

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Preserving its win in the trial court, Hueston Hennigan prevailed at the Ninth Circuit on behalf of Bausch Health Companies in a significant trade secret and breach of contract case.

“The Ninth Circuit opinion affirms the district court’s thorough order in full, granting Bausch a complete victory,” said lead counsel Moez M. Kaba.

Hueston Hennigan took over the case in early 2018 and aggressively moved to bring the case to an end, winning a motion for judgment on the pleadings in May 2019. On appeal, the Ninth Circuit again sided with Bausch and refused to revive the case. Adopting Bausch’s arguments, the Ninth Circuit held that the case could not proceed in the absence of Bausch’s foreign subsidiaries and, applying recent Supreme Court and Ninth Circuit law, that the court lacked jurisdiction over those subsidiaries.

The Hueston Hennigan team includes Moez M. Kaba, Sourabh Mishra, Michael Todisco, and Michael Acquah.