DLL Files Lawsuit Against Element Financial (USA)

In a news release, De Lage Landen Financial (DLL) said it has commenced litigation against Element Financial Corp. (Element) and a senior officer of Element alleging that the senior officer gained access to DLL’s computer system without DLL’s consent or knowledge.

DLL said given the obvious concerns around protecting the proprietary and confidential information of the company, its vendor partners and its employees, it has commenced a lawsuit to assess the extent, scope and purpose of such access.

DLL said the litigation will also, among other things, address what role, if any, others at Element had in connection with this conduct. The complaint was filed on May 21, 2013 in the Montgomery County (PA) Court of Common Pleas against defendants Element Financial Corp. (f/k/a Coactiv Capital Partners) and Patrick Neary.

According to the 30-page civil complaint, DLL is alleging that Neary, senior vice president and general manager of Element’s Office Products group, used a laptop and security credentials of a DLL employee to improperly gain access into DLL’s secured computer systems.

The complaint notes that the DLL employee, Thomas Thomasian, had already accepted a job with Element to work in its Office Products group, but had not yet resigned from DLL at the time he handed over his laptop and security credentials to Neary, his future boss. According to the complaint, DLL plans to file a separate lawsuit against Thomasian in federal court.

The individual causes for action outlined in the complaint include: Misappropriation of Trade Secrets & Violation of the Pennsylvania Uniform Trade Secrets Act; Tortious Interference with Contract; Aiding & Abetting Breach of Fiduciary Duties and the Duty of Loyalty; and Conversion.

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