181959P.pdf   02/12/2020  Walmart, Inc.  v.  Cuker Interactive, LLC
   U.S. Court of Appeals Case No:  18-1959
                          and No:  182081
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Beam, Circuit 
   Judge] 
   Civil case - Contracts. The evidence in the record supports the jury's 
   finding that defendant took reasonable steps to protect only one of its 
   alleged trade secrets and because it failed to take reasonable steps to 
   protect the other three alleged trade secrets at issue, that information 
   was not subject to protection under the Arkansas Trade Secrets Act; with 
   respect to the protected trade secret, evidence in the record established 
   Walmart used improper means to acquire defendant's Adobe Source Files and 
   that it did so willfully and maliciously; the district court did not err 
   in reducing the jury's award of damages on this claim because defendant 
   failed to establish proximate cause; Walmart's claim that it received a 
   perpetual and irrevocable license to use the Adobe Source File materials 
   is without merit; the district court properly instructed the jury on 
   material breach of contract and the record supported the jury's finding 
   that Walmart's acts, hindrances or delays excused defendant's performance; 
   there was sufficient evidence Walmart engaged in intentional wrongdoing, 
   such as to avoid the liability cap in the contract; jury verdict for 
   defendant on claim of unjust-enrichment affirmed; it was permissible under 
   the Arkansas Trade Secrets Act for the district court to enter an 
   injunction requiring to Walmart to delete the Adobe Source Files in its 
   possession; the district court did not err in denying Walmart's motion for 
   a new trial based on claims of juror bias, improper evidentiary rulings 
   and an improper jury instruction defining malice.