Extract from Doug Austin’s article “Court Affirms Ruling in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law”
Remember the lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts? Last year, an opinion provided by New York District Judge Jed S. Rakoff last week detailed his rejection of all arguments by DTI that led to his denial of a motion for a preliminary injunction. Last week, the Second Circuit affirmed the ruling, determining that there is no basis to infer that LDiscovery engaged in any wrongdoing.
An article in Bloomberg Law (E-Discovery Firm Dodges Rival’s Trade Secrets Suit, written by Michael Greene, hat tip to Rob Robinson’s Complex Discovery blog) covered last week’s ruling by the appellate court. In its ruling, the Court stated “there appears no basis in the amended complaint from which we can plausibly infer that LDiscovery is liable for the misconduct alleged”, noting that the “amended complaint did not identify a single customer who was actually brought to LDiscovery”. The court also noted “Nor does there appear any support for DTI’s contention that the Individual Defendants had not fully complied with their one-year non-competition covenants.”