ARCHIVED CONTENT
You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.
Extract from article by Greg Buckles
The reps assert that they were dissatisfied with Epiq’s underinvestment in document review centers in key regions for their clients back in 2014 and jointly met with Consilio to explore potential employment prior to rumors of the DTI acquisition.
“They viewed DTI as a “low cost” provider that would harm their reputation and their relationship with their clients, and accordingly stepped up their efforts in mid-2015 to find new employment.”
Communication of the reps sales revenues to competitor LDiscovery is not automatically protected as Confidential/Trade Secret information based on a number of factors.
eDJ Perspective- Our industry has a long history of suppressing free communication of revenues, metrics, pricing models and more under the guise of protecting client confidentiality and trade secrets. I call BS on this. Judge Rakoff makes great points about how this is unfair to employees seeking opportunities and bad for the market.
The court found that LDiscovery’s offer of a collective $5.1 million signing bonus for the 4 reps to sit out their “Sabbatical Year” was not itself improper. DTI has not yet provided any evidence that the reps have solicited the DTI clients or otherwise harmed DTI.
eDJ Perspective- Yes, you can shop around for a new opportunity as long as you really do refrain from poaching clients or providing actual services during your time in the non-compete penalty box.
Read the complete article at DTI v. LDiscovery – Round One to LDiscovery
Additional Reading:
- Transparency, Dirty Laundry, and Gatekeepers: DTI vs. LDiscovery Lawsuit
- Judge Rakoff Shoots Down eDiscovery Trade Secrets Case
- No Preliminary Injunction For You! The Latest On The Battle Between eDiscovery Providers
- Court Rules Decisively in Battle Between eDiscovery Providers Over Hired Sales Agents