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Contracts
Breach of Fiduciary Duty
Misappropriation of Trade Secrets

Peter Baldwin, et al. v. Aon Risk Services Companies Inc., et al.

Published: Apr. 29, 2017 | Result Date: Mar. 22, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 14 CE CG 00572 Verdict –  Plaintiffs

Court

Fresno Superior


Attorneys

Plaintiff

Michael L. Banks

Debra L. Fischer

Seth M. Gerber
(Morgan, Lewis & Bockius LLP)

Adam Wagmeister
(Morgan, Lewis & Bockius LLP)


Defendant

Anthony P. Coles

Shand S. Stephens
(DLA Piper LLP)

Brett Ingerman

Amanda Lynn Morgan
(DLA Piper LLP)


Facts

In 2014, plaintiffs, which consist of ten insurance brokers, departed from Aon Risk Services Cos. Inc. Plaintiffs, followed by other employees, left Aon's Fresno, Salinas, and Walnut Creek offices, to join a competing insurance brokerage, Alliant Insurance Services Inc. Although plaintiffs filed an action for declaratory relief in Fresno, related to the noncompetes in their contracts, Aon attempted to sue Alliant in New York.

The New York court both rejected Aon's request for injunctive relief and held that California law applied to the dispute, dismissing the case on forum nonconveniens grounds. Aon then brought cross-claims against plaintiffs and Alliant in Fresno.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs, individuals who lived and worked in California, sought a declaration that Aon's provisions in their contracts purporting to prevent them from competing for business under Illinois law, were void as against public policy and illegal under California law. The court granted summary adjudication on this issue in 2015.

DEFENDANT'S CONTENTIONS:
Aon argued the departures were a raid orchestrated by a conspiracy and claimed that plaintiffs contacted clients before their departures, took trade secret and confidential client information, and solicited employees in violation of their contracts.

In the cross-complaint, Aon asserted claims including breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of loyalty, intentional interference with contracts, and misappropriation of trade secrets.

Result

The jury rejected defendant's claims, awarded no damages and returned a verdict for plaintiffs.

Length

two months


#113409

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