Complaint for Misappropriation of Trade Secrets

Complaint

IN THE CIRCUIT COURT OF COUNTY,

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V.                                        NO.

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COMPLAINT

NOW COMES , Plaintiff, ("") and files its Complaint against Defendants, , ("") and ("") and for cause of action would show unto the Court the following, to-wit:

1. Plaintiff, , is a corporation organized and existing pursuant to the laws of the State of , and having its principal place of business in County, .

2. The Defendants are:

(a) , a non-resident corporation organized and existing pursuant to the laws of the State of and authorized to do business in the State of , having its principal place of business in County, , and which may be served with process by serving its registered agent, ;

(b) , an adult resident citizen of the Judicial District of County, , who may be served with process at .

3. The cause of action hereinafter stated occurred and accrued in County, .

4. is engaged in the business of wholesale of industrial pipe, valves and supplies to end users of such consumer goods.

5. In , , , the President of , met with , a representative of , at in , . The meeting was conducted in order to discuss a potential purchase of business by .

6. In conjunction with the meeting, left with certain financial statements and other private sensitive documentation concerning condition and business of .

7. In , , received a telephone call from , another representative of , informing that was not interested in entering the business of wholesale of industrial pipe, valves, and supplies, and would not offer to purchase .

8. Shortly thereafter, in , , began attempting to recruit , a key employee of , to go to work for , in the business of sales of industrial pipe, valves and supplies in , .

continued to try to lure from for several months, continuing to offer more money and benefits.

9. At all times material hereto, was in a confidential relationship with and owed a fiduciary duty of good faith and fair dealing.

10. In 20_____, asked if he intended to continue in his employ with and was assured by that he intended to continue as an employee.

11. In , 20___, , resigned from his employment at and went to work for , substantially performing the same duties he had performed at for .

12. and have wrongfully misappropriated trade secrets in the form of customer lists and bid computation procedures, all to the detriment of 's former employer, , to whom he owed a fiduciary duty, and in favor of 's new employer, , resulting in damage to .

13. At all times, 's misappropriation of trade secrets has been conducted while in the course and scope of his employment with and is liable for the actions of its employee, , upon the doctrine of respondeat superior.

14. The customer list and bid computation methods of constitute a confidential information of as an employee and/or former employee, had a high duty not to disclose such information to others to the detriment of , while in the course and scope of his employment with disclosed and utilized this confidential information to the detriment of and the benefit of , causing damage to .

15. Due to the wrongful conduct of and , has been damaged and will continue to suffer damage to its business, in the sum of $.

16. The actions of in requiring the confidential financial information pertaining to the business of under the pretext of purchasing the business of , and then hiring the key employee of and inducing him to breach his fiduciary duties owed to were committed with willful and wanton disregard for the rights of , and is entitled to recover punitive damages from Defendant, , in such sum as to be established by the Court upon a trial hereof.

WHEREFORE, PREMISES CONSIDERED, , sues and demands judgment against and , jointly and severally, in the sum of $, and punitive damages against Defendant, , in such sum as will be established by the Court upon a trial hereof, together with its costs.

Respectfully submitted,