This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Non-Disclosure Agreement

United Housing Services Inc. v. Aklero Risk Analytics Inc., LoanLogics Inc., Douglas R. Sheridan

Published: Apr. 18, 2015 | Result Date: Mar. 12, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 30-2013-00681998 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Aaron C. Watts

Thomas A. Pistone
(Pistone Law Group LLP)


Defendant

Mark D. Magarian
(Magarian & DiMercurio APLC)

Krista L. DiMercurio
(Magarian & DiMercurio APLC)


Experts

Plaintiff

Deborah J. Ford
(technical)

Facts

Plaintiff United Housing Services Inc. sued defendants Aklero Risk Analytics Inc. and LoanLogics Inc.

The parties are in the business of quality assurance for companies that make loans, among other things.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that based on discussions about a possible merger with Aklero Risk Analytics, it allowed Aklero Risk Analytics, who later merged with LoanLogics Inc., to examine its business operations, meet with its employees, and otherwise obtain access to information it would not otherwise have shared, and that this information was protected because of a non-disclosure agreement that the parties signed.

Plaintiff alleged that in violation of the non-disclosure agreement, and in violation of various other legal obligations, defendants Aklero Risk Analytics and LoanLogics took and used confidential and proprietary business information, and with it Aklero Risk Analytics and LoanLogics were able to take employees, employees, clients, and valuable information that could be used in Aklero Risk Analytics and LoanLogics' operations.

DEFENDANT'S CONTENTIONS:
Aklero Risk Analytics and LoanLogics denied that plaintiff allowed them to examine its business operations, or otherwise obtain access to information plaintiff would not otherwise have shared. They also denied that they took and used plaintiff's confidential and proprietary business information to take employees, clients, or valuable information that could be used in defendants' operations. Finally, they denied that they breached the terms of the non-disclosure agreement or engaged in any other unlawful conduct.

Settlement Discussions

Plaintiff demanded $1.5 million. Defendants offered $5,000 and a waiver of attorney fees and costs.

Damages

Plaintiff claimed lost profits of $9,177,464.

Result

Defense verdict.

Other Information

FILING DATE: Oct. 17, 2013.

Deliberation

one day

Length

12 days


#118893

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390