March 2009
Dell Inc. Settles Trade Secret Misappropriation Action Brought By KBT&F Client MCS After KBT&F Successfully Opposes Summary Judgment and Daubert Motions
Paul M. O'Connor III,
Lawrence B. Goodwin,
Seth A. Moskowitz,
Monica Bhattacharyya,
Catherine E. Bissell
KBT&F represented software company Modern Creative Services, Inc. in an action against Dell Inc. in federal district court in New Jersey arising from, among other things, Dell's misappropriation of trade secrets in using MCS's product advisor software tool on its website. Following extensive discovery, Dell moved for summary judgment and an order excluding MCS's damages expert. Late last year, the Court denied Dell's motions in their entirety, noting, among other things, that MCS's expert reported total profits of $97,429,067 associated with allegedly misappropriated information from MCS. In January 2009, the parties agreed to a settlement, the terms of which are confidential. KBT&F partners Paul O'Connor III, Lawrence Goodwin, Seth Moskowitz, and Monica Bhattacharyya, as well as associate Catherine Bissell, represented MCS in this matter.