Think Tank, Inc. v. ITegrity, Inc., et al.

Summary

The United States District Court for the District of Maryland addresses Defendants’ motion for summary judgment in a dispute involving alleged diversion of government-contracting opportunities, breach of fiduciary duty, trade-secret misappropriation, computer-related misconduct, and related claims. The court grants summary judgment in part and denies it in part, allowing the breach-of-fiduciary-duty claim based on allegedly directing business to ITegrity to proceed while rejecting several other fiduciary-duty theories.

Holdings

1. Summary judgment was denied because the record supported competing inferences as to whether Bawa, while serving as Think Tank's President, diverted NOAA work to ITegrity in violation of his duty of loyalty and whether Think Tank was harmed.
2. Bawa was entitled to summary judgment on the fiduciary-duty theories based on gifting laptops, losing the NMITS bid, interfering with Redhorse, and accessing Think Tank's email after termination.
3. ITegrity was entitled to summary judgment on the aiding-and-abetting claim because Think Tank presented no evidence that ITegrity knowingly and substantially assisted Bawa's alleged breach.
4. Defendants were entitled to summary judgment on the MUTSA and DTSA claims because Think Tank presented no evidence that the laptop information was misappropriated through improper means or used or disclosed.
5. Bawa and Rossi were entitled to summary judgment on the conversion claims because Think Tank did not show unauthorized dominion over the laptops or an intent inconsistent with Think Tank's rights.
6. Summary judgment was denied on the federal and Maryland Wiretap Act claims against Bawa because the evidence created a genuine dispute as to whether he caused contemporaneous interception of emails through an automatic forwarding rule.
7. Summary judgment was denied on the federal and Maryland Stored Communications Act claims against Bawa because Think Tank's termination letter expressly revoked his authorization to access company accounts.

Questions Presented

1. Whether summary judgment was proper on Think Tank's breach-of-fiduciary-duty claims against Bawa.
2. Whether a genuine dispute existed as to whether Bawa breached his duty of loyalty by directing NOAA business to ITegrity while still serving as Think Tank's President.
3. Whether ITegrity could be liable for aiding and abetting Bawa's alleged breach of fiduciary duty.
4. Whether Think Tank established misappropriation of trade secrets under the Maryland Uniform Trade Secrets Act or Defend Trade Secrets Act.
5. Whether Think Tank's conversion claims based on retention of laptops could proceed.
6. Whether Think Tank abandoned or failed to support its breach-of-contract, conspiracy, and Computer Fraud and Abuse Act claims.
7. Whether genuine disputes existed regarding alleged violations of the federal and Maryland Wiretap Acts and Stored Communications Acts.

Disposition

other