Dell Settles Trade Secret Misappropriation Action Brought by Kasowitz Client MCS After Kasowitz Successfully Opposes Summary Judgment and Daubert Motions

Dell Settles Trade Secret Misappropriation Action Brought by Kasowitz Client MCS After Kasowitz Successfully Opposes Summary Judgment and Daubert Motions

Kasowitz represented software company Modern Creative Services, Inc. in an action against Dell Inc. in federal district court in New Jersey arising from, among other things, Dell's misappropriation of trade secrets in using MCS's product advisor software tool on its website. Following extensive discovery, Dell moved for summary judgment and an order excluding MCS's damages expert.  Late last year, the Court denied Dell's motions in their entirety, noting, among other things, that MCS's expert reported total profits of $97,429,067 associated with allegedly misappropriated information from MCS.  In January 2009, the parties agreed to a settlement, the terms of which are confidential.  Kasowitz partners Paul O'Connor III and Seth Moskowitz represented MCS in this matter.