A leading provider of crop inputs and services has filed a lawsuit against a former employee, alleging serious breaches of contract and misappropriation of trade secrets. Nutrien Ag Solutions, Inc. filed the complaint in the United States District Court for the Middle District of Pennsylvania on June 28, 2024, against Brandon Dunlap.
According to the complaint, Nutrien accuses Dunlap of using and disclosing its proprietary information to benefit Orion Solutions, LLC—a direct competitor. The allegations detail how Dunlap, who was employed as a Sales Representative at Nutrien from January 2023 until April 26, 2024, had access to highly sensitive business information including product blends, customer lists, pricing strategies, and more. As part of his employment agreement, Dunlap was required to adhere to Nutrien’s Code of Conduct which strictly prohibited the misuse or disclosure of such confidential information.
The complaint states that in early 2024, while still employed by Nutrien, Dunlap began collaborating with Orion Solutions to orchestrate an exodus of key employees from Nutrien. On April 18, 2024, he allegedly traveled to Nashville to meet with Orion's leadership team and other Nutrien employees to plan their departure. Subsequently, on April 26th—just two days after copying hundreds of confidential documents onto a portable thumb drive—Dunlap and eleven other employees resigned en masse from Nutrien to join Orion.
Nutrien claims that these documents contained trade secrets crucial for its vegetation management business. These included customer and supplier lists, pricing methodologies, sales reports, internal strategy notes, product mixing techniques among others. The company asserts that Dunlap’s actions were premeditated and aimed at providing Orion with an unfair competitive advantage.
In response to these alleged breaches and thefts of intellectual property, Nutrien is seeking several forms of relief from the court. They have requested a preliminary injunction compelling Dunlap to identify all proprietary documents in his possession and return them immediately. Additionally, they seek compensatory damages for the harm caused by Dunlap’s actions as well as exemplary damages for what they describe as willful and malicious misappropriation of trade secrets. Furthermore, they are asking for permanent injunctive relief barring Dunlap from using or disclosing any more confidential information or working with Orion due to the "inevitable disclosure" risk posed by his new employment.
The case underscores significant legal issues surrounding fiduciary duties owed by employees to their employers regarding confidentiality agreements and non-compete clauses. It also highlights the severe repercussions companies face when sensitive business information is allegedly stolen and used by competitors.
Representing Nutrien in this case is attorney Scott T. Wyland from Salzmann Hughes law firm based in Camp Hill, Pennsylvania. The case has been assigned Case ID: 1:24-cv-01069-SES under Judge Susan E. Schwab.