Mercer Global Advisors, Inc. v. Hewitt — 9th Cir. (argued July 9, 2026)
The Ninth Circuit hears Mercer Global Advisors' appeal from summary judgment for former employees Ashlee and Alan Charles Hewitt and Hewitt Advisors. Mercer says they retained client contact information and used it to contact clients after leaving. Its claims include trade-secret misappropriation under the California Uniform Trade Secrets Act, or CUTSA, breach of contract, and breach of loyalty. Mercer will argue that the evidence creates jury questions over misappropriation, causation, damages, and its contracts. The appellees will call the messages lawful job-change announcements, say Mercer did not tie them to client losses, and argue that California law defeats the other claims. In a nonprecedential memorandum issued August 12, 2026, the panel revived the CUTSA and contract claims but left the loyalty ruling and expert exclusion in place.
Mercer Global Advisors, Inc. v. Hewitt (No. 25-995) — U.S. Court of Appeals for the Ninth Circuit, argued July 9, 2026.
- 0:00Introduction
- 1:14William P. Donovan Jr. for Mercer Global Advisors
- 4:05Tombstone announcements
- 8:30California Business and Professions Code § 16600
- 15:23Rule 30(b)(6) witness
- 16:23Benjamin D. Scheibe for the appellees