We learned recently that WICR’s attorney Peter Lindborg of Lindborg and Mazor filed suit in October 2014 against Scott Keck, a former WICR employee who went through a long drawn out lawsuit over trade secrets back in 2012 with WICR, who ultimately prevailed and obtained a stipulated agreement. The suit against Keck seeks to keep Keck from shielding himself from liability in paying monetary awards made to WICR despite Keck filing bankruptcy. See the information on the suit here https://www.inforuptcy.com/filings/casbke_398192-3-14-ap-90191-wanke-industrial-commercial-residential-inc-v-keck-et-al-bankruptcy
WICR’s filing as found at inforuptcy.com.
Adversary case 14-90191. Complaint by Wanke, Industrial, Commercial, Residential, Inc. against Scott Keck, Arwen Keck. Nature of Suit: 68 (Dischargeability – 523(a)(6), willful and malicious injury) , Fee Amount $ 350.00 Filed by Peter Lindborg on behalf of Wanke, Industrial, Commercial, Residential, Inc.. (Attachments: # 1Exhibit # 2Exhibit # 3Exhibit) (Lindborg, Peter) (Entered: 10/06/2014)
As described at http://stimmel-law.com/ru/articles/nondischargeability_in_bankruptcy_of_certain_claims.html we learn the legal theory behind that.
WICR’s goal is to try to collect on an award they won in a long drawn out suit over customer lists that Keck and his partner Jacob Bozarth lost. One law firms blog put it like this on the stipulated injunction they agreed to “Defendants eager to escape the costs and pressures of a trade secret misappropriation or unfair competition lawsuit should think carefully about entering into a stipulated injunction in order to end a lawsuit. It is all too easy for a defendant in that circumstance to rapidly agree “not to use anything of theirs” without realizing that the issuance of a stipulated injunction is a hammer that the former employer may hold over the head of the former employee for the term of the injunction. Defendants are well advised to think long and hard about giving their enemies such a weapon.” http://www.tradesecretemployeeraiding.com/2013/06/11/defendants-beware/
From http://www.tradesecretsnoncompetelaw.com/2012/10/articles/non-solicit-agreements/california-court-of-appeal-enforces-stipulated-injunction-that-restricts-competition/ comes this explanation of the original suit.
In the underlying action, Wanke, Industrial, Commercial, Residential, Inc. (“Wanke”) sued two former employees and their new company for, in part, misappropriation of trade secrets, after the employees started a competing business. The parties resolved the action by entering into a settlement agreement and mutual release, as well as a stipulated injunction that, in part, prohibited the former employees from “contacting or soliciting” any customer identified in a customer list which was attached to the stipulated injunction. The stipulated injunction also had a $50,000 liquidated damages provision for the initial violation and $10,000 for each subsequent violation.
This link below takes you to a long document from the prior proceedings over trade secrets that led to this case…
It’s not clear how much Scott Keck may owe WICR,but it is clear that WICR is willing to invest more money into trying to saddle Keck with the award remaining collectible instead of being shielded in bankruptcy. Our calculations, based on various documents found on the web, is at least $90,000+ is owed by Keck to WICR-based on documents it appears there is a $50,000 judgement, $17,000+ awarded WICR in attorney fees along with several $10,000 punitive damages awards. It is not clear from gleaning documents if they have collected a dime yet.
Some say WICR is throwing more money into “sunk” costs that they won’t ever collect on, while others say it may be worth it in the long run if WICR can continue to try to collect from Keck.
We here of course are rooting for Scott Kecks’ attorney to leave WICR twisting in the wind…
These lawsuit cases have kept WICR’s secret owner David Mazor’s wife, Irina Mazor and her partner Peter Lindborg busy over the years, it’d be a damn shame to see it all their time wasted and whatever actual cash WICR ponied up to prosecute these cases disappear along with what would become a worthless judgement under the protection of bankruptcy.
Tell us in the comments, will you feel bad for WICR if Scott Keck legally is able to tell them to go to hell?