Kane Kessler Obtains Dismissal of Counterclaims in Federal Trade Secrets Dispute on Behalf of Aerospace Client

On November 1, 2024, the U.S. District Court for the District of New Jersey granted Kane Kessler’s motion to dismiss defamation and Conscientious Employee Protection Act (CEPA) counterclaims brought by a former executive accused of misappropriating trade secrets concerning the client company’s manufacture of high-precision components for the aerospace industry. Ho-Ho-Kus, Inc. v. Sucharski, et al, No. 2:23-cv-01677, 2023 WL 7403539 (D. N.J. Nov. 1, 2024) (ECF No. 55) The Court found that the counterclaims failed to allege under CEPA a causal nexus between the former employee’s alleged whistleblowing activity and his termination, and that the defamation claims were inadequately plead. In its previous decision from November 9, 2023, Ho-Ho-Kus, Inc. v. Sucharski, et al, No. 2:23-cv-01677, 2023 WL 7403539 (D. N.J. Nov. 9, 2023), the Court denied Defendants’ motion to dismiss the company’s trade secret misappropriation claims. The client company will now continue to pursue its trade secrets claims.

The attorneys for the Firm who represented the client were Jeffrey H. Daichman, Dana M. Susman and Jonathan M. Sabin of the Firm’s Litigation Department.