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BrightPoint settles 2 suits against rival Brightstar

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Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.

BrightPoint, which agreed on July 2 to be acquired by California-based Ingram Micro Inc. for about $840 million, filed the complaints against Miami-based Brightstar in December.

Both suits involved former Brightpoint executives hired by Brightstar who had access to the local firm’s innermost workings and strategies.

The lawsuits, filed in Marion Superior Court, were dismissed Wednesday. Lawyers for both sides declined to comment on the settlements, citing confidentiality agreements.

In one case, BrightPoint alleged that Miljan Milan, who served as general manager for Latin America before leaving the company in April 2011, flagrantly violated the non-compete provision of his employment agreement when he accepted a senior post with Brightstar.

BrightPoint sought an injunction against the company and Milan. The suit alleged breach of contract, breach of Indiana’s uniform trade secrets act, and tortious interference.

“Milan is in a position where the use of BrightPoint’s trade secrets will permit Milan and Brightstar to deploy an unfair competitive advantage in bidding for business against BrightPoint,” the suit alleged.

In the other suit, BrightPoint sued Brightstar over its hiring of Mitch Black, a former senior vice president in charge of BrightPoint’s North American distribution division.

Black had worked at BrightPoint for a dozen years when he left in November 2010 to become president of sales and purchasing at PCS Wireless Inc., a New Jersey firm BrightPoint did not consider a direct competitor. But less than a year later, he began discussions about returning to BrightPoint and also said he had “a very compelling offer” from another company he did not identify, according to the suit.

The BrightPoint discussions were just a ruse to extract additional confidential information Black could use against the company when he joined Brightstar, according to the suit.

In May, a Marion Superior Court judge dismissed a fraud charge against Black.

“BrightPoint is attempting to sustain a claim for fraud against Mr. Black, seeking excessive damages and fees, by attributing to Mr. Black a false statement contained in an unsigned document, which BrightPoint drafted,” lawyers for Brightstar said in their motion to dismiss.

The two firms are global heavyweights in the wireless phone industry. BrightPoint has 3,900 employees and posted 2011 revenue $5.2 billion, while Brightstar has 3,400 employees and had $5.7 billion in revenue last year.

Ingram’s acquisition of BrightPoint is expected to be completed in the third quarter.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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