OBE Seeks Protective Order in Suit Filed Against Former Employee
December 1, 2011

Oldcastle BuildingEnvelope (OBE) is seeking a protective order in a suit it filed against a former employee, Jon Todd Staley, alleging that Staley "misappropriated Oldcastle's trade secrets and other confidential and proprietary information.” The suit was filed in September and currently is under the review of the U.S. District Court for Northern Texas.

OBE's Motion for Protective Order includes a declaration by Mollie L. Hines, vice president of OBE’s legal department, alleging that months before Staley’s departure from Oldcastle, large numbers of emails containing OBE’s proprietary and confidential information were sent to Staley’s personal email account.

Hines further alleges that OBE has had a forensic analysis done on the laptop that Staley used when he worked there, and alleges that the analysis showed that at least two thumb drives were attached to Staley’s laptop shortly before termination.

OBE further claims that it requires employees to enter into a written Confidential Information and Secrecy Agreement, which restricts the use and disclosure of information gained through employment with OBE, both during employment and thereafter. “To my knowledge, Staley has not delivered any confidential or propriety documents to Oldcastle since his termination,” says Hines in her declaration.

Staley’s counsel has filed a motion opposing the order, claiming that OBE’s motion should be denied because “the 17 documents produced at [his] deposition … marked confidential are not confidential, proprietary and/or trade/secrets under any definition of those words.” Staley further claims that “the sole document that could in any way qualify as proprietary was the time studies and they were sold to Acralight International as part of its purchase of Oldcastle’s skylight business, making it no longer the property of [OBE].” “It is important to view the contract between Oldcastle and Acralight International, where Oldcastle agreed that it would not compete in the business Oldcastle sold to Acralight,” writes Staley’s counsel.

Staley is seeking both a denial of the motion for protective order, along with sanctions placed on OBE “for bringing this frivolous motion as the Court deems appropriate.”

A hearing is scheduled for December 14 to review the motion for protective order.

OBE previously had sought a temporary restraining order against Staley, but that motion was denied. Staley also has filed a million-dollar counterclaim against OBE, alleging that the company has defamed him through the suit.

This story is an original story by USGlass magazine/USGNN™. Subscribe to USGlass magazine.
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