ILNews

Brightpoint suing former exec in trade secret dispute

Back to TopCommentsE-mailPrintBookmark and Share

Brightpoint Inc. is suing a former top executive for allegedly taking company trade secrets to a new job with a direct competitor.

The Indianapolis-based wireless distributor filed suit in Marion Superior Court on Monday against Mitch Black, who left Brightpoint last year and took a similar position with Brightstar Corp. in Miami earlier this month.

Brightpoint accuses Black of breaching both his employment contract and the state’s trade secrets act, in addition to committing fraud.

“Black will be performing services for Brightstar that are extremely similar — if not identical — to the services he performed for Brightpoint,” the company said in its complaint. “Moreover, at Brightstar, Black will be working with, and soliciting business from, many of the very same clients and suppliers that he was paid to develop relationships [with] on behalf of Brightpoint.”

In his 12 years at Brightpoint, Black rose through the managerial ranks to become senior vice president, a position that gave him responsibility for the company’s entire North American distribution division, according to the lawsuit.

Black also had daily access to Brightpoint’s confidential and proprietary business information and trade secrets, and he was integrally involved in the company’s strategic planning, Brightpoint charged.

Black resigned from Brightpoint in November 2010 to accept a job as president of sales and purchasing for New Jersey-based PCS Wireless Inc., a company that Brightpoint did not consider to be a direct competitor, the complaint said.

Less than a year later, Black and Brightpoint began discussing his return to the Indianapolis company. Ultimately, Black refused the offer and joined Brightstar instead.

Brightpoint alleges in its suit that its negotiations with Black will cause severe harm to the company.

“During the course of these discussions and trading on the trust, friendship and goodwill that he had built with Brightpoint over a 12-year period, Black cajoled additional trade secret and confidential information about Brightpoint’s business and strategic plans from unwitting Brightpoint executives,” the complaint said.

Brightpoint further alleges that Black admitted taking confidential information from Brightpoint, including the operating plan for an entire Brightpoint division, detailed spreadsheets containing sensitive financial and accounting data, and customer lists.

Brightpoint is asking the court to forbid Black from providing services for Brightstar that violate his employment agreements, and to prohibit Brightstar from using Brightpoint’s trade secrets to “unfairly” compete against the company.

Brightpoint also is seeking an undetermined amount in damages.

This story originally ran on IBJ.com Dec. 21, 2011.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT