X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Parchem Trading, Ltd. (“Plaintiff”) brings this Action against Kristen DePersia (“Defendant”), one of its former employees, alleging misappropriation of trade secrets. (See generally Am. Compl. (Dkt. No. 10); see also Not. of Removal 1 (Dkt. No. 1).) Specifically, Plaintiff alleges that Defendant, now employed by one of Plaintiff’s business competitors, used trade secrets to facilitate sales of chemical products to Bristol-Myers Squibb Company (“BMS”), who also does business with Plaintiff, and that Defendant misappropriated Plaintiff’s proprietary business information via her personal cellphone. Currently before the Court is Defendant’s Motion for Summary Judgment. (See Not. of Mot. (Dkt. No. 66).) For the reasons discussed below, the Motion is granted. I. Background A. Factual Background The following facts are taken from the Parties’ Rule 56.1 Statements and Counterstatements.1 (See Def.’s 56.1 Statement in Supp. of Mot. (“Def.’s 56.1″); Pl.’s 56.1 Counter Statement to Def.’s 56.1 (“Pl.’s Counter 56.1″); Pl.’s 56.1 Statement in Opp’n to Mot. (“Pl.’s 56.1″); Def.’s Counter Statement to Pl.’s 56.1 (“Def.’s Counter 56.1″); Def.’s Reply 56.1 Statement in Supp. of Mot. (“Def.’s Reply 56.1″) (Dkt. Nos. 69, 80, 87).) Plaintiff is a New York technology sourcing and marketing company in the raw material space that engages in trading and distributing of bulk specialty chemicals. (Pl.’s 56.1 1.)2 Plaintiff does not itself manufacture any of the chemicals it sells, but rather sources them and provides them to various clients who need them for their own businesses. (Def.’s 56.1 18.)3 According to Plaintiff, it best services its customers through a compilation of “proprietary technology,” including “databases, algorithms, and control panels” that contain information concerning “customers, customer preferences, products, suppliers, marketing strategies, and pricing.” (Pl.’s 56.1 2.) The “compilation” of this information is not generally available to the public. (Id.) Plaintiff claims it has spent over eight years and millions of dollars developing its industry knowledge regarding its customer preferences and related data. (Id.

3-5.) Plaintiff uses some security measures to keep this information secret, such as a two-party authentication method with rotating passwords, as well as limiting the availability of some of this information to “certain managers with nested permissions.” (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›