July 2015 – Marsh and Marks Successfully Defend Complex Federal Digital Theft/Misappropriation Case

John Marsh and Emily Marks recently defended a Wiregrass area professional business in a complex federal case in Alabama’s Middle District. The plaintiff, a business competitor of John and Emily’s client, alleged that defendants had stolen and/or otherwise misappropriated trade secret and other proprietary information by technological means. Plaintiff brought both federal and state causes of action, including violation of the Computer Fraud and Abuse Act; violation of the Digital Millennium Copyright Act; violation of the Alabama Trade Secrets Act; violation of the Alabama Digital Crime Act; Trespass; Conversion; Tortious interference with contract; Intentional interference with business relations; and Civil Conspiracy.

Before answering the complaint, a comprehensive motion to dismiss was filed, resulting in a partial dismissal as to John and Emily’s client. Extensive discovery ensued and all parties engaged a forensic expert due to the technical nature of the case. Upon completion of expert discovery, John and Emily negotiated a successful settlement with no monetary consideration paid and an express agreement by all parties acknowledging that no wrongful conduct by the defendants took place and that the allegations of wrongdoing in the complaint were without merit.