FKB’s Andrew R. Jones, Asher Kest, and Emily DePaola obtained a FRCP 12(b)(6) dismissal on behalf of a New York-based intellectual property law firm in a case before the Southern District of New York. The plaintiff, a foreign corporation, claimed its attorneys negligently provided confidential information to a third-party vendor, without its consent, amounting to misappropriation of a trade secret in violation of the Defend Trade Secrets Act and copyright infringement in violation of the federal copyright laws. As a result, plaintiff alleged over $10 million in damages.

In their successful motion to dismiss, FKB pointed to documentary evidence that established plaintiff’s agent received notice that its intellectual property attorneys were using a third-party vendor, and because plaintiff did not timely bring a claim despite being on notice of the documents provided to the vendor, the actions were time barred or otherwise precluded.

The Court agreed with FKB’s position, holding that plaintiff’s failed to exercise reasonable diligence to investigate a possible disclosure, rendering their claims untimely and warranting dismissal.

If you have any questions about this decision or defense of attorneys and other professionals, please contact Andrew R. Jones, Asher Kest, or Emily DePaola.