Unisys can question former execs who jumped to rival Atos - U.S. judge

Unisys

22/02/2023 17:31

By Mike Scarcella
       Feb 22 (Reuters) - Two former executives at technology
services company Unisys Corp  UIS.N  must answer questions about
their move to join an industry rival, as a U.S. court weighs a
trade secrets lawsuit that seeks to place curbs on their new
employment at Atos SE  ATOS.PA , a federal judge ruled on
Tuesday.
    U.S. District Judge Paul Diamond's order in Philadelphia
federal court granted a request by Unisys to depose Leon Gilbert
and Michael McGarvey, former leaders of Unisys' "digital
workplace solutions" business unit.
    The court also allowed the fast-track examination of some of
their communications with Atos.
    Lawyers for Gilbert and McGarvey had urged Diamond not to
allow "unnecessary, unduly burdensome, and overly broad"
discovery. The judge's order on Tuesday did not explicitly bar
Gilbert and McGarvey from working on any specific matter at Atos
or from disclosing certain information.
    Unisys sued Gilbert and McGarvey on Feb. 14 in the U.S.
District Court of the Eastern District of Pennsylvania to block
the former executives from working on similar workplace
technology matters at Atos.
    Representatives for France-based Atos and lawyers for
Gilbert and McGarvey did not immediately respond to messages on
Wednesday seeking comment. Gilbert and McGarvey also did not
immediately respond to a similar request.
    A spokesperson for Unisys on Wednesday did not immediately
respond to a message seeking comment.
        Unisys in a court filing said that "this case involves
the theft of huge quantities of Unisys trade secrets," including
technologies and business strategies for digital workplaces.
    Attorneys for Gilbert and McGarvey disputed the allegation
and said "Unisys has not identified a single trade secret."
    Gilbert and McGarvey's lawyers said in a filing on Tuesday
they had not accessed, shared or used "any Unisys information
with anyone outside of Unisys, and that they have no intention
to do so."
    A court hearing before a U.S. magistrate judge is scheduled
for March 10.
    The case is Unisys Corp v. Leon Gilbert and Michael
McGarvey, U.S. District Court for the Eastern District of
Pennsylvania.
    For plaintiff: Michael De Vries and Adam Alper of Kirkland &
Ellis; Julian Williams of Morgan, Lewis & Bockius
    For defendants: Brian Riopelle and Gerald Stubenhofer Jr of
McGuireWoods
    Read more:
    Proskauer rips ex-COO's excuse for taking files in data
theft lawsuit
    Law firm Kirkland wants $16 mln in fees after Comet
Technologies trade-secrets win
    Law firm DLA Piper fights 'outlandish' sanctions bid in
trade secrets case
 (Reporting by Mike Scarcella; editing by Leigh Jones)
 ((Mike.Scarcella@thomsonreuters.com;))