keep that information confidential, (b) not compete with their employer by using that information, and (c) return the information upon termination. InnoSys then alleges that it disclosed confidential information to Ms. Mercer under the protection of a signed NDA (thereby giving rise to the fiduciary duty) and that Ms. Mercer subsequently breached that duty by disclosing the confidential information during the DWS hearing. But as shown above, InnoSys must utilize these same facts to substantiate its claim for misappropriation of trade secrets. Therefore, InnoSys's claim for breach of fiduciary duty is preempted by the UTSA, and its dismissal was proper for this additional reason. 1 . See Litton Sys., Inc. v. Ssangyong Cement Indus. Co., 107 F.3d 30, 1997 WL 59360, at "7-8 (Fed.Cir.1997) (<HOLDING>); Firetrace USA, LLC v. Jesclard, 800 F.Supp.2d
holding that where the amount of damages was the primary issue in dispute the plaintiffs claim for damages was not liquidated until the date the jury returned its verdict and the plaintiffs are not entitled to prejudgment interest under ksa  16 201 holding that the plaintiffs failure to meet any one of the elements requires dismissal of claim holding that a plaintiff can seek statutory damages even in the absence of actual damages holding that the more than three month gap between the plaintiffs eeoc complaint and the allegedly adverse action was insufficient to show causation holding that californias codification of the utsa requires plaintiffs to show damages in one of the three listed categories