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PENNSYLVANIA RECORD

Friday, March 29, 2024

Day Apollo Subaru employees face accusation of using competitor's trade secrets

Lawsuits
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PITTSBURGH — Automotive retailers are suing Christopher Gordish, Jason Xenakes, and Day Apollo Inc., d/b/a Day Apollo Subaru, former employees and competitor, citing alleged misappropriation of trade secrets in violation of the Defend Trade Secrets Act; misappropriation of trade secrets under the PUTSA; breach of fiduciary duty; and conversion.

Cochran Motors Inc., and Cochran Imports Inc., t/d/b/a No. 1 Cochran Subaru, filed a complaint on Dec. 14 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging they use plaintiff's confidential business information and trade secrets.

According to the complaint, the plaintiffs allege that on Oct. 8, 2018 and Nov. 20, 2018, Xenakes and Gordish resigned from their employment with plaintiffs and began working at Day Apollo. Both are accused of using plaintiffs' confidential business information and trade secrets on behalf of Day Apollo to the detriment of the plaintiffs. The plaintiffs hold Gordish, Xenakes and Day Apollo Inc., d/b/a Day Apollo Subaru, responsible because the defendants have converted plaintiffs' documents and records for their benefit.

The plaintiffs seek preliminary and permanent injunction among which is to refrain from, in any way, disclosing or using any of plaintiffs' confidential information and/or trade secrets; damages including but not limited to all profits and commissions generated on any sales of vehicles for the next five years to any person identified on the confidential business lists and documents misappropriated by defendants; court issuance of a mandate requiring defendants and any other person acting in concert with them to account to plaintiffs for all monies they earn or have earned as a result of the wrongful use of plaintiffs' confidential information and trade secrets; cost, and attorneys' fees associated with the prosecution of this action. They are represented by Carol Steinour Young and Alan Boynton Jr. of McNees Wallace & Nurick in Harrisburg.

The U.S. District Court for the Western District of Pennsylvania Case No. is 2:18-cv-01668-PJP.

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