X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER I. INTRODUCTION   In this action, Plaintiff Advance 2000, Inc. (“Advance”) seeks damages from three present and former employees for breach of fiduciary duty, breach of contract, and unfair competition. Before this Court is Defendants’ Motion to Dismiss Advance’s complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure. (Docket No. 15.) For the following reasons, Defendants’ motion is denied. II. BACKGROUND This Court assumes the truth of the following factual allegations contained in Advance’s Amended Complaint and the attached exhibits.1 See Hosp. Bldg. Co. v. Trs. of Rex Hosp., 425 U.S. 738, 740, 96 S. Ct. 1848, 48 L. Ed. 2d 338 (1976); see also Hamilton Chapter of Alpha Delta Phi, Inc. v. Hamilton Coll., 128 F.3d 59, 63 (2d Cir. 1997). Advance is a corporation created under the laws of New York with offices in Erie County, New York, and Philadelphia, Pennsylvania. (Amended Complaint, 1.) Advance offers “full-service information technology solutions to businesses, including private cloud computing, network design and implementation, integrated communications, and consulting.” (Id., 8.) Advance hired Defendant Matthew Harwick as a business development executive in January 2012, pursuant to an agreement made in Erie County, New York. (Id., 9.) Harwick signed a noncompete and nondisclosure agreement with Advance on January 19, 2012. (Id., 10.) Harwick resigned from Advance in March 2016. (Id., 13.) Advance hired Defendant Paul Brisgone as a senior systems engineer in March 2011. (Id., 14.) Brisgone signed a noncompete and nondisclosure agreement with Advance on April 4, 2011. (Id.,

14-15.) Brisgone was still employed by Advance when the complaint was filed in January 2017. (Id., 18.) Advance hired Defendant Christopher Franz as a systems engineer in September 2013. (Id., 19.) Franz signed a noncompete and nondisclosure agreement with Advance on September 13, 2013. (Id., 20.) He resigned from Advance in September 2014. (Id., 23.) All three defendants were given access to information Advance deemed confidential in its confidentiality agreements. (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
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›