NEWS & EVENTS > EMPLOYEE SUES FORMER EMPLOYER - EMPLOYEE PAYS
Employee Sues Former Employer - Employee Pays
CHICAGO, IL - June 5, 2006: In Kalish v. Leapfrog Online, et. al., 03 L 11695 (Circuit Court of Cook County, Illinois), Jason Kalish sued Leapfrog Online after he left the company claiming that the company owed him $781,632 in commissions and salary. Forensicon was hired to inspect Kalish's work computer and found a "zip" file of company data that had been e-mailed outside the company on Kalish's last day of work. Leapfrog Online then sued Kalish for misappropriation of a trade secret.
After several months, Kalish admitted to e-mailing a "zip" file to his home computer but refused to allow inspection of that machine. Leapfrog Online sought a court order compelling an inspection of Kalish's home computer, but Kalish objected to the choice of Forensicon as the independent expert since Leapfrog had already used them in this case.
On August 11, 2005 Defendants' attorney, Peter Land of Babbitt & Melton,
LLP, filed their Reply In Support of Motion to Compel, stating:
"Finally, there is no reason not to select Forensicon. The company routinely
works as a neutral third party examiner, is practiced at complying with
protective orders, and fully understands the need to protect a producing
party's privacy . . . There is no reason to suspect that Forensicon would
disclose non-responsive materials to Defendants or anyone else . . . Plaintiff's
true concern appears to be that Forensicon's experience with Mr. Jason
Kalish's other deceptive computer conduct will result in a more thorough,
effective search for responsive documents. This is a reason to select
Forensicon, not reject it."
Cook County Circuit Court Judge Ronald Bartkowicz ordered Forensicon to perform a forensic examination of Kalish's home computer to establish whether Plaintiff left the company with Leapfrog Online property. Following the order, Forensicon provided a report detailing their findings on January 19, 2006.
Shortly after Forensicon's report, the parties agreed to dismiss all claims without any compensation to Kalish or his counsel. As part of the settlement, Kalish paid Leapfrog Online a significant sum of money.
For More Information:
Opinion: Kalish v. Leapfrog Online [PDF]
About Forensicon:
Specializing in trade secrets, employment litigation, and internal investigations, Forensicon is a computer forensics firm that provides expertise to the top law firms in the U.S. as well as corporations large and small. Forensicon offers nationwide computer forensics services for plaintiff, defense, as well as special master neutral third party representation. The firm has represented numerous Fortune 500 companies and other large privately held corporations wanting to defend against or prosecute claims of intellectual property theft. For more information, contact Forensicon at 888.427.5667, email us as contact@forensicon.com or visit our web site at: http://www.forensicon.com/
