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.

More Information

Case Summary: Jason-Kalish-v.-Leapfrog-Online

Opinion_Jason-Kalish-v.-Leapfrog-Online [PDF]

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