Executive accused of exploiting his position admits to deleting WhatsApp during investigation

In a recent case, an employer alleged that its former senior executive exploited his position and personally profited from it by arranging for the selection of Lattice Innovation, Inc. as a sub-supplier without disclosing his ties to the company.

After discovering these dealings, Advantest America, Inc. and Advantest Test Solutions, Inc. investigated Samer Kabbani, who used to be a senior executive. Through arbitration, Advantest brought claims against Kabbani; Lattice, which he allegedly managed and majority-owned; AEM Holdings Ltd., which purchased Lattice; and Wavem US Inc.

Advantest claimed that Lattice aided and abetted Kabbani’s wrongdoing when it failed to provide the intellectual property and work product that it created under contract for Advantest.

At arbitration, Kabbani admitted the following:

• Before turning over his personal cellular phone to Advantest’s lawyers, he purposely deleted the WhatsApp messaging application, which led to the loss of messages sent or received before June 5, 2020
• He might have used the app to discuss product development and other matters regarding Lattice
• He could not recall using the app for substantive business and financial discussions relating to Lattice
• He could have exchanged WhatsApp messages with certain people associated with Lattice, including its former president and current consultant and its senior engineer

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