Recent Successes 2018-09-06T10:44:47-04:00
Recent Successes
Represented A Manufacturer In One Of The First Cases Filed In The U.S. Under The Federal Defend Trade Secrets Act
Represented a manufacturer in one of the first cases filed in the United States under the Federal Defend Trade Secrets Act (DTSA) to obtain injunctive relief in the U.S. District Court, N.D. of Illinois, against the company’s chief science officer and a new start-up competitor he joined. The firm’s client specialized in fitness equipment. As the TRO papers disclosed, for over a year (while drawing a salary from the company), the inventor worked with his employer’s primary distributor to secretively develop a competitive technology, feeding all of the trade secrets to the new competitor to develop the second generation of the client’s technology. By bringing the case under the new DTSA, the firm obtained a TRO maintaining jurisdiction in federal court. The TRO included broad injunctive relief, halting sales of the competitive product, escrowing any ill-gotten profits, and resulting in a favorable settlement following court-ordered mediation.
Represented A Publicly Held Financial Institution
Represented a publicly held financial institution in prosecution of claims against two former bank employees who left the client’s employment to join a competitor. The ex-employees were bound by confidentiality agreements and had agreed not to solicit their employer’s customers for a period of time. Nevertheless, between them they took hundreds of confidential documents from the client and were actively soliciting several customers. Kaufman & Company filed for injunctive relief in the U.S. District Court, Northern District of Texas, against the former employees and their new employer. The new employer produced more records and agreed to forensically remediate all of the client’s documents that had been introduced into its system by the bankers. Sanctions were obtained against the lawyer for one of the defendants due to failure to comply with a court discovery order, and the court issued a preliminary injunction against both defendants’ further use of trade secrets, including prospect lists, and ordered all data and documents to be turned over to our client.
Defended A Major Real Estate Developer
Defended the developer of Pinecrest, a large Northeast Ohio mixed-use commercial development project in the east suburbs of Cleveland, where an oil and gas well operation on the development site had obtained issuance of a TRO before the firm’s engagement, drawing a halt to prevent the dismantling of the well, and effectively shutting down development across a substantial portion of the site. Kaufman & Company successfully litigated the defense position in a Preliminary Injunction hearing to oppose the well interest-holders’ position. Kaufman & Company first succeeded in persuading the court to increase the bond to a very high amount in order to continue the temporary restraining order. Following the first day of the PI hearing,
with the new high bond due to be filed, the plaintiffs dropped their opposition and settled the matter, allowing the resumption of the development with only a minor project delay.
Favorable Confidential Settlement In Complex Litigation Involving Division Of Interstate Gaming Revenue
The firm served as co-trial counsel in federal court litigation on behalf of a statewide horsemen’s association against a dominant racetrack and gaming company. At stake was the proper division of hundreds of millions of dollars in new gaming revenue. The claims asserted included violations of the federal Interstate Horseracing Act, as well as allegations of breach of trust and breach of fiduciary duty. The breach of trust claims depended upon the interpretation of contract provisions that functioned as creating a trust relationship, even though the term was never used. The matter resulted in a confidential settlement and preservation of the historical relationship between the parties.