Where a corporation has filed a complaint alleging that a former employee stole its proprietary and confidential information and trade secrets, his new employer is entitled to dismissal of the counts asserted against it, as there is no evidence that the new employer had knowledge of or encouraged any use of the allegedly stolen material.
“Plaintiff Western Air Charter, Inc., d/b/a Jet Edge (‘Jet Edge’), commenced this action against its former employee, Darryn Mackenzie (‘Mackenzie’), and his new employer, Exclusive Jets, LLC, d/b/a flyExclusive (‘flyExclusive’), alleging that Mackenzie breached certain employment agreements he had with Jet Edge and stole its trade secrets, proprietary, and confidential information prior to leaving his employment. Jet Edge further alleges that flyExclusive ‘is actively inducing and acting in concert’ with Mackenzie in using the allegedly stolen information for flyExclusive’s benefit. …
“In April 2022, Mackenzie emailed the owner of flyExclusive, Jim Segrave (‘Segrave’), expressing an interest in working there. …
“Central to and implicit in all its claims against flyExclusive, is Jet Edge’s allegation that flyExclusive knew about, and was acting in support of and in concert with, Mackenzie to use the allegedly stolen material to flyExclusive’s advantage. However, the allegation is unsupported by the record. The email correspondence cited supra indicates that Mackenzie solicited Segrave, and sought employment at...
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