Fletcher Tilton Attorneys Rosemary Tootell and Michael Brangwynne successfully oppose motion for a preliminary injunction asserting claims of trade secrets and misappropriation.

Attorneys Michael Brangwynne and Rosemary Tootell recently won a critical initial victory for our clients in an action alleging misappropriation of trade secrets and tortious interference with contractual relations. Our clients are two former employees of a large regional appliance installation service provider who recently started a new venture in the industry. Our clients were then sued by their former employer for allegedly misappropriating confidential and proprietary information, seeking to solicit employees from the former employer, and seeking to interfere with a contract between the former employer and one of its largest customers. The former employer sought a preliminary injunction that would have effectively prevented our clients from doing business for the duration of the lawsuit.

Our clients strongly denied their former employer’s doubtful claims of misappropriation, and maintained that they were only seeking to lawfully compete in the industry. Neither had signed a non-competition agreement. The requested injunctive relief would have been financially disastrous for our clients and their fledgling business.

After legal briefing and oral argument by Attorneys Brangwynne and Tootell, the Worcester Superior Court ruled in our clients’ favor, finding that the plaintiff/former employer lacked a reasonable likelihood of success on the merits of its claims. Case caption: Best Yet Installations, Inc. v. Vincent Marino and John Kelley, Worcester Superior Court, 2285-CV-0997.