Case Explained: TALKDESK, INC. V. PHAM

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-16

Docket: 2:22-cv-05961-MCS-JPR

The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of Talkdesk, Inc. on its claims for breach of fiduciary duty and breach of contract, as well as the denial of leave to amend the answer and the entry of a default judgment against Andrew Pham. The court held that the district court correctly found Pham breached his fiduciary duty by switching sides to assist Engineer.ai Corporation in litigation against Talkdesk regarding a Master Services Agreement while previously serving as its general counsel, noting that no ethical wall can overcome the imputation of shared confidential information when an attorney represents a former client’s adversary in the same matter. Regarding the breach of contract claim, the court determined Pham violated his Proprietary Information and Inventions Agreement by retaining copies of communications and a notebook containing Talkdesk’s business strategies and financial information after termination and subsequently providing that confidential data to Engineer.ai for use in litigation. The appellate court further ruled that the district court did not abuse its discretion in denying Pham leave to amend his answer because the motion was untimely and failed to show good cause or excusable neglect, and in entering a default judgment because Pham voluntarily withdrew his answer after the amendment deadline rather than addressing the opposing party’s Rule 11 challenge. As a result, the district court’s orders granting summary judgment and default judgment against Pham remain in effect.

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