The plaintiff moved for an interlocutory injunction and Anton Piller relief against former senior employees, related corporations, and an IT contractor alleged to have misappropriated confidential business information and usurped a corporate opportunity.
The court found a strong prima facie case of contractual breach, fiduciary breach, direct competition, and improper removal and retention of hard drives and server data containing confidential investor, marketing, and business-planning information.
Applying the RJR-MacDonald injunction test and the Celanese framework for Anton Piller orders, the court held that irreparable harm would result from the defendants' entry into a unique market using the plaintiff's confidential materials, and that there was a real possibility relevant electronic evidence would be destroyed.
The injunction and Anton Piller order were granted.
