Trade Secrets Misappropriation / Copyright Infringement

VSL v. General Technologies:
Represented General Technologies, defendant accused of misappropriating trade secrets regarding components used in process of post-tension concrete structures. The complaint was dismissed on summary judgment, and General Technologies was awarded its attorney’s fees under applicable statutes and rules. Action resulted in two published opinions regarding summary judgment in trade secret cases and successful trade secret defendant’s entitlement to recover attorney’s fees.

Closely Held Consulting Firm v. Minority Shareholder:
Majority owner of closely held consulting firm locked out and sued 40% shareholder for misappropriation of trade secrets, copyright infringement and breach of fiduciary duty in what can best be described as a preemptive first strike in anticipation of eminent corporate dissolution. Mr. Fthenakis represented the minority shareholder. In approximately two months, Mr. Fthenakis secured an agreement affirming the minority shareholder’s right to establish a competing business and to continue to service existing clients on virtually all projects the minority shareholder was working on before being locked out.

TRS Consultants v. Elation Systems:
Represented two software programmers in action brought by their former employer alleging misappropriation of trade secrets and violation of copyright, among other claims, based on alleged misappropriation and incorporation of former employer’s source and object code in new product for their new employer. This action involved substantial forensic analysis and electronic discovery regarding alleged internet transmission of source code and email communications among alleged conspirators. This action is the most recent example of many cases handled by Mr. Fthenakis. He is often called upon by corporate counsel to provide separate, independent counsel for software engineers and other professionals in situations where former employers assert a misappropriation of intellectual property.

Intel v. Does I and II:
Represented Doe defendant accused of misappropriating Intel proprietary information. As a result of intense early negotiations, the parties were able to prevent public disclosure of the identities of the defendants while the court entered a stipulated injunction incorporating the terms of a confidential settlement agreement.