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Jury disconnects telemarketer on trade secret lawsuit.

jury ruled mostly in favor of defendants in a lawsuit that involved three Ohio-based telemarketing companies and their employees regarding purported trade secrets and unfair competition claims.

Akron, Ohio-based InfoCision Management Corp. (IMC) filed suit in 2008 against another telefundraising firm, Donor Care Center, owned by Ameridial, and former executives Mexander "Nick" Stavarz, Curtis Stern and Justin Henry, who are now part of Synergy Direct Marketing Solutions, along with a former employee, Kevin Johnson.

IMC claimed misappropriation of trade secrets, unfair trade practices and interference with confidentiality contracts related to telemarketing scripts and records that apparently changed hands between former employees. In response, Donor Care and Synergy filed counterclaims for unfair competition and business interference against InfoCision and its CEO, Carl Albright.

Multiple messages left with IMC by The NonProfit Times were not returned by presstime.

The jury verdict, recorded Aug. 9 in the Summit County, Ohio, Clerk of the Courts, found in favor of defendants Synergy Direct Marketing Solutions, a consulting company that referred work to Donor Care Center, Inc., and the employees.

The court dismissed Ameridial prior to trial, finding no basis for Infocision's claims against Ameridial, Donor Care's parent company, according to Stavarz.According to court papers, the jury rejected InfoCision's claims against Donor Care and Synergy, and its executives, and found in favor of both Donor Care and Synergy on unfair competition claims against InfoCision and Albright. The jury also found for Synergy on its business interference claim.

The jury ruled in favor of InfoCision against Johnson for breach of a nondisclosure agreement, according to. court documents, while ruling in favor of Alright and Mills on Synergy's claims of unfair competition, interference with business relations, and Donor Care's claims of unfair competition and misappropriation of trade secrets.

The judge ruled at one point that the scripts were not trade secrets, Stavarz said. The only damages awarded were to Synergy for attorney fees, said Stavarz.
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Author:Hrywna, Mark
Publication:The Non-profit Times
Geographic Code:1U3OH
Date:Sep 15, 2011
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