PHILADELPHIA – A Malvern company alleges a former employee is unlawfully soliciting current employees and is likely using its trade secrets for a competitor.

IMC Construction Inc. filed a complaint on March 5 in the U.S. District Court for the Eastern District of Pennsylvania against Troy Emidy, Streamline Commercial Development LLC, Streamline Solutions LLC and Streamline Group LLC alleging breach of nonsolicitation terms of agreement, tortious interference with contractual relations and other counts.

According to the complaint, Emidy resigned his employment with the plaintiff in June 2017. The plaintiff alleges that the same month, Emidy officially joined the Streamline defendants as a partner.

The plaintiff alleges it learned that Emidy was working as an adviser and/or agent for the Streamline defendants more than seven months before he resigned. It also alleges that Emidy is likely in possession of its confidential and trade secret information.

The plaintiff holds Troy Emidy, Streamline Commercial Development LLC, Streamline Solutions LLC and Streamline Group LLC responsible because the Emidy allegedly breached his contractual obligation to the plaintiff, which prohibits him from soliciting its current employees for 18 months after the end of his employment.

The plaintiff requests a trial by jury and seeks enjoin Emidy from soliciting plaintiff's employees, enjoin the defendants from further using plaintiff's confidential information, order Emidy to return all company documents and information to the plaintiff, pay actual damages, compensatory damages, punitive damages, interest, court costs and any further relief the court grants. 

It is represented by James P. Walsh Jr. and Justin K. Victor of Morgan, Lewis & Bockius LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-00949-MSG

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