Superior Court/BLS
Where a defendant has asserted a breach of contract counterclaim against his former employer, that counterclaim must be dismissed because there was no enforceable contract and no actionable breach.
“Defendant Leandro Vetcher has brought counterclaims for breach of contract (Count I), breach of the implied covenant of good faith and fair dealing (Count II), fraudulent misrepresentation (Count III), and violation of G.L.c. 93A (Count IV) against Sana Biotechnology, Inc. (‘Sana’), his former employer. The counterclaims arise from the parties’ failed efforts before this lawsuit to resolve their dispute over Vetcher’s purported retention and use of Sana’s confidential information. …
“On July 15, 2019, Sana terminated Vetcher. Thereafter, in October 2020, Vetcher was hired by Clade Therapeutics, Inc. (‘Clade’) as its Chief Operating Officer. …
“On November 4, 2021, the day after Clade announced that it had completed a venture-backed round of Series A financing, Sana sent a letter to Vetcher claiming that he had improperly appropriated confidential Sana documents in violation of his At-Will Employment Agreement. …
“In May 2022, Sana, Vetcher, and Clade executed the Agreed Protocol for Third Party Verification of Vetcher Files and Devices (the ‘Protocol’). …
“As noted above, Vetcher brings counterclaims against Sana for breach of contract (Count I), breach of the implied covenant of good faith and fair dealing (Count II), fraudulent misrepresentation (Count...
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