Former Oldcastle Employee Responds to Company's Request for Partial Summary Judgment in Trade Secret Suit
June 27, 2012

by Penny Stacey,

A former employee of Oldcastle BuildingEnvelope™ (OBE) against whom the company filed suit last year alleging that he misappropriated trade secrets and other confidential and proprietary information has responded to the company's recent motion for partial summary judgment in the case. OBE filed the motion earlier this month, seeking summary judgment against former employee Jon Todd Staley on two specific allegations-those related to breach of contract and violation of the Computer Fraud and Abuse Act (CFAA).

The company had claimed in its motion that, through discovery, it found a number of company documents on Staley's personal computer.

Staley's counsel argues that the motion must fail, "as [OBE] has not shown as a matter of law that [he] breached the contract as [OBE] cannot show the documents on [Staley's] home computer were, in fact, privileged or confidential."

The response continues, "Further, [OBE] has not shown as a matter of law that defendant violated the CFAA as [it] cannot show that [Staley] intentionally accessed a computer without authorization or exceeded authorized access."

Staley's counsel further alleges that "sending documents home was for the benefit of Oldcastle so Mr. Staley could work from home, a common act utilized by many employees at Oldcastle." Likewise, the response claims that many employees at the company commonly "share information via thumb drives, [and] that the very information [the company] now claims is confidential was allowed by Oldcastle to be accessed remotely and could be printed out in airports, hotels and restaurants via Oldcastle's Citrix system."

Additionally, the response argues that the company "has not provided any fact or shown any evidence that [it] has been harmed, let alone irreparably harmed."

"If there was such a great emergency and fear of damage in October of 2011, shouldn't plaintiff be able to quantify at least some damage eight months later?" writes counsel for Staley. "There is none, because Mr. Staley is an honest and conscientious individual, loyal to a fault, and simply did not do the things of which he is accused."

Additionally, Staley says he worked Oldcastle for 14 years and, in his 14th year, he was asked to sign the contract referenced in OBE's complaint. "Mr. Staley had 13 years of documents on his computer, and [OBE] makes no attempt to differentiate which confidential documents, if any, were generated after the contract was signed," reads the response.

Staley also alleges that he was " a team leader, a personnel management specialist, not an engineer, and he never had access to processes or devices or trade secrets."

At press time, the court had not yet ruled on the motion for partial summary judgment.

This story is an original story by USGlass magazine/USGNN™. Subscribe to USGlass magazine.
Subscribe to receive the free e-newsletter.