Judge P. Kevin Castel
Engineering consulting firm WSP USA Corp. alleged that when he resigned, former information technology director Marinello appropriated and retained confidential company information—including its business plans—contrary to their Feb. 28, 2013, separation agreement and general release. Marinello further allegedly shared that information with his new employer—one of WSP USA’s direct competitors—and also retained electronic equipment belonging to WSP. Despite dismissing WSP’s defamation and accounting claims, the court held that WSP’s complaint plausibly alleged Marinello’s breach of the subject agreement’s clause concerning protection of confidential information (Agreement Paragraph 3), Marinello’s misappropriation of trade secrets, and his conversion of valuable electronic equipment—including laptop computers, an iPad, and other items—belonging to WSP. The Agreement’s release provision included broad language governing known and unknown claims existing at the time of the Agreement’s Feb. 28, 2013, execution. Because WSP’s claims for contract breach, trade secret misappropriation and conversion did not arise until May and June 2013, they were not barred by the release.
