Appellate Court affirms the judgment against Exeura. Three judge appellate panel affirms Judge Arnold’s opinion regarding misconduct by Exeura and Sergio De Julio. Click here for more information.
This story begins in 2007, when all the individual Defendants were still employed by Plaintiffs and Exeura was ostensibly participating in the Fourthcodex joint venture. Beginning at least as early as October 2007, Defendants and Exeura representatives Sergio De Julio and Pasquale Rullo entered into a scheme to create a competitor to Plaintiffs. While the Defendants still owed fiduciary duties to Plaintiffs, Defendants were already negotiating a business plan for what would become Defendant Kenetica LLC. The business plan negotiated with Exeura identified Plaintiffs’ current and projected clients, corporate opportunities, assets and personnel that Defendants to contribute to the new venture. Every detail of Defendants’ scheme, detailed in copious email correspondence, was hatched while everyone was engaged with Plaintiffs.
Both at trial and now in this appeal, Defendants are blinded by their own failures. The individuals in the Fourthcodex joint venture most able to assess the value of the software were the same conspirators who went to great lengths to misappropriate the software and take it to market. They would have this Court believe their conspiracy caused no damages because they claimed failure to realize a profit on the software they stole. However, Defendants launched their scheme at the time the software was ready for market and on the verge of profit, only Defendants interfered with the marketing and attempted to sell the products under a different brand name. Defendants cannot accept that they failed to make a profit; rather they insist the software was somehow flawed.
Hear the Court tell the story by reading Judge Arnold’s opinion.