![]() Jur.2d Business Relationships section 510). “ corporation is liable for the torts and wrongful acts or omissions of its officers, agents, or employees acting within the scope of their authority or the course of their employment, and a person injured may generally hold both the corporation and the corporate employee liable as joint tortfeasors” (14A N.Y. Misappropriation is a form of tort ( Sporn v. According to Shapiro, AMDM, Inc., is a d/b/a of his employer. Defendant Shapiro states in a sworn affidavit that he is the President of American Manufacturing Distribution Management, Inc. ![]() Subsequently, plaintiff discovered that Goldberg had been contacting plaintiff’s customers and vendors in direct violation of his written agreement.ĭefendants moved to dismiss, and Court addressed, the claim for misappropriation of confidential information:ĭefendants’ second contention is that plaintiff’s complaint fails to state a cause of action to pierce the corporate veil and hold defendant Shapiro liable for misappropriation of confidential information. Goldberg’s and Simon’s relationship with plaintiff was terminated around June 2010. Defendant Goldberg signed the memorandum of understanding as plaintiff’s “Managing Director.” According to plaintiff, defendants Goldberg and Simon violated the agreement by secretly forming AMDM LLC and selling Intelliseats.Īs part of the effort to “commercialize” the device, plaintiff entered into a memorandum of understanding dated March 4, 2010, with a Korean-based company to manufacture the Intelliseat for sale in the United States, Canada and Korea. The complaint alleges that, as a former employee of plaintiffGoldberg was subject to the terms of a written non-disclosure and non-solicitation agreement dated February 20, 2008. Plaintiff contends that it is entitled to all of defendants’ profits from sales of the Intelliseat, as defendants have no legal right to be involved in any way in the design, manufacture, marketing or sale of the device.ĭefendant David Goldberg is a former employee of plaintiff…Defendant Scott Simon has held himself out as plaintiff’s former Chief Operating Officer…Defendant Edward Shapiro financed the other defendants’ business activities… In addition, it was involved in the “commercialization” of other consumer products, including the Intelliseat. (“Tribeca”) is in the business of wholesale distribution of computing and consumer electronics. ![]() Plaintiff Tribeca Technology Solutions, Inc. Tribeca arose over “a dispute over the right to manufacture, market and profit from sales of a product named the ‘Intelliseat’, an electronic toilet seat.” The complaint asserted causes of action “for misappropriation, aiding and abetting breach of fiduciary duty, and conspiracy.”
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