Industrial firm alleges breach of trade info by two ex-employees

By Carol Ostrow | Apr 30, 2015

A Bucks County environmental company has sued two former employees and a business, alleging infringement of intellectual property rights.

BKW Environmental Services East of Croydon filed a lawsuit April 27 in U.S. District Court for the Eastern District of Pennsylvania, against Adam Huesser and Brian Taylor of New Jersey and Xtreme Polishing Systems of Deerfield Beach, Florida, alleging unfair trade practices throughout 2014 and thereafter.

According to the complaint, BKW Environmental Services provides surface preparation, primarily for concrete floor work, in the Mid-Atlantic region, and Huesser was employed as a BKW manager, and Taylor served as a surface prep specialist.

The suit says Huesser and Taylor were privy to trade secrets and proprietary data including customer lists, contact information, business strategies and marketing plans, and the two staffers breached their responsibility to preserve the confidentiality of company information.

The suit states Huesser, assisted by Taylor, made a switch in equipment and tool suppliers from a previous company to an arrangement with Xtreme in 2014, effectively ending the plaintiff’s relationship with its previous vendor.

BKW contends the two conspired to form a local branch for the new supplier in direct competition with BKW. The suit says Huesser informed BKW Feb. 1, he was leaving the company to start his own business, backed by Xtreme and also announced plans to take key staff with him. He resigned and Taylor followed,the complaint says.

BKW notes substantial monetary investment in its confidential operational details and cites the defendants with: unfair competition; breach of confidentiality, good faith and fiduciary duty; intentional harm; unjust enrichment, and tortious interference with employment obligations.

BKW seeks compensatory and punitive damages in excess of $75,000, injunctive relief, attorney fees and court costs. It is represented by attorneys Denis Dunn and H. Fintan McHugh of Petrikin, Wellman, Damico, Brown & Petrosa in Media.

U.S. District Court Eastern District of Pennsylvania case number: 2:15-cv-02265-JS.

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