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Justice Rudolph http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46369 PLAINTIFF CORPORATION sought damages for defendant former president’s alleged breach of fiduciary duty by misappropriation of trade secrets and sensitive business materials so as to form a competing business. Defendant sought summary dismissal on collateral estoppel grounds, arguing that plaintiff was barred from relitigating a federal court’s findings that no restrictive covenant in an employment agreement barred competition after termination of employment and that customer and contact lists were not trade secrets. The court denied summary judgment, finding plaintiff not estopped from litigating a contract breach claim based on misconduct during defendant’s employment. It also found despite the federal court’s finding that plaintiff’s customer list was not entitled to trade secret protection, the misappropriations alleged by plaintiff extended beyond the customer and contact lists and involved claims related to defendant’s alleged theft of marketing plans and strategies.

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