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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. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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