The law firm of Abrams Fensterman, LLP secured a legal victory for a leading market research firm. A competitor accused the firm of participating in a conspiracy to misappropriate valuable trade secret data. The lawsuit, filed in the U.S. District Court for the Southern District of New York, included allegations under the Defend Trade Secrets Act (18 U.S.C § 1836), which claimed that unfair competition and civil conspiracy were being practiced. The plaintiff sought numerous compensation, including statutory, compensatory, and punitive damages, as well as royalty compensation.
In response, Abrams Fensterman submitted a pre-answer motion to dismiss all claims against their client, arguing that the plaintiff failed to demonstrate any misappropriation of trade secrets or involvement in a conspiracy to do so.
On January 31, 2025, Judge Gabriel W. Gorenstein of the Southern District of New York granted the motion to dismiss in its entirety. The court concluded that the plaintiff did not provide sufficient evidence that Abrams Fensterman’s client had received or misappropriated the disputed data nor engaged in any related conspiracy.
Justin T. Kelton, partner and Co-Chair of the firm’s Commercial Litigation department, and associate Amanda Small led the legal team from Abrams Fensterman.
Reflecting on the outcome, Mr. Kelton stated,
“We’re thrilled that our aggressive defense led to a fast dismissal of all claims against our client. We appreciate the court’s thoughtful decision, and we will continue to vigorously defend our clients against baseless litigation.”