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Employment Law
Breach of Contract
Trade Secrets Act, Copyright Act

SDG Architects Inc. v. Stirling Architects Inc., Don Stirling

Published: Oct. 17, 2009 | Result Date: Jun. 28, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 74 460 00151 07 Arbitration –  $550,000

Court

American Arbitration Association


Attorneys

Claimant

D. Gregory Valenza
(Shaw Valenza)

Matthew J. Norfleet


Respondent

Lawrence G. Townsend
(Lawrence G. Townsend, Esq.)


Experts

Claimant

Chris Nutter
(technical)

Facts

Don Stirling was an employee with SDG Architects Inc. when he began his own architecture firm. He allegedly copied several gigabytes of SDG's data, including architectural drawings, details and other electronic information. Stirling set up his own firm and immediately began competing with SDG.

Contentions

CLAIMANT'S CONTENTIONS:
SDG Architects Inc. contended that Stirling violated the Trade Secrets Act and Copyright Act, as well as committed common law torts such as breach of contract and of the duty of loyalty.

RESPONDENT'S CONTENTIONS:
Stirling contended that any data he copied had no value, did not constitute a trade secret and was not protectable under copyright law.

Result

The arbitrator found Don Stirling and Stirling Architects Inc. violated SDG Architect Inc.'s copyrights and misappropriated SDG's trade secrets, and awarded $550,000 to claimant.


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