Christopher R. O'Hara and Tricia A. Rice obtained a $555,000 judgment on behalf of a national locum tenens staffing company in an action filed in the Business Litigation Session of Suffolk Superior Court in Boston.
Mr. O'Hara and Ms. Rice represented the plaintiff company, a national locum tenens/physician staffing firm, against a former managerial level employee and the locum tenens staffing company started by the former employee. The Plaintiff asserted claims of breach of contract, tortious interference and claims of unfair and deceptive practices under Mass. General Laws Chapter 93A. In the action, the plaintiff alleged that the former employee misappropriated the company's confidential materials, including its business plans, financial materials and other confidential and proprietary materials, and used them for the benefit of the former employee's new company. In addition, the plaintiff alleged that the former employee was violating his non-competition, non-solicitation and confidentiality covenants in his employment agreement with his former employer.
After initial discovery, the plaintiff obtained a preliminary injunction against the former employee and the defendant's company. On December 5, 2005, the plaintiff obtained a judgment against both defendants in the amount of $555,000, excluding prejudgment interest, as well as further equitable relief in the Business Litigation Session. An appeal was initially taken by the defendants in January 2006 and was subsequently dismissed in July 2006 before the appeal was determined.