Case: 1:21-cv-02164 Document #: 1 Filed: 04/21/21 Page 1 of 62 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`MEDCOR, INC., an Illinois Corporation;
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`Plaintiff,
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`v.
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`CHRISTOPHER GARCIA, a California
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`resident; AMANDA BROWN, a Texas
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`resident; DR. RAVI PATEL, a Florida
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`resident; and MEDWAY HEALTH, INC., )
`a California Corporation;
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`Defendants.
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`___________________________________ )
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` Civil Action No.: 1:21-cv-________
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` JURY TRIAL DEMANDED
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`VERIFIED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
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`Plaintiff MEDCOR, Inc., (“Medcor”), for its Verified Complaint for Injunctive and Other
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`Relief against Defendants CHRISTOPHER GARCIA (“Garcia”), AMANDA BROWN
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`(“Brown”), DR. RAVI PATEL (“Patel”) (Garcia, Brown, and Patel collectively referred to as the
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`“Individual Defendants”), and MEDWAY HEALTH, INC. (“Medway”) (the Individual
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`Defendants and Medway collectively referred to as the “Defendants”), by its undersigned
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`attorneys, alleges and states as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for injunctive relief and damages arising out of: (a) breaches of
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`various contractual agreements the Individual Defendants had with Medcor, including, without
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`limitation, violations of non-solicitation and non-compete provisions; (b) tortious interference
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`with various Medcor contracts by Defendant Medway and Defendant Garcia; (c) Defendants’
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`intentional interference with prospective economic advantage of Medcor; (d) fraud in the
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`inducement or negligent inducement by Defendant Garcia; (e) violation of the Illinois Uniform
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`Deceptive Trade Practices Act by Defendant Medway and Defendant Garcia; (f); the theft and
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`misappropriation of trade secrets and deceptive business practices by each and all of the
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`Defendants against the interests of Medcor; (g) civil conspiracy by the Defendants to commit the
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`aforementioned wrongful acts of trade secret misappropriation; (h) Defendant Garcia and
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`Defendant Medway passing off Medcor’s business experiences as those of Defendant Medway;
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`(i) federal and common law trademark infringement and unfair competition by Defendant
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`Medway and Defendant Garcia; and (j) Defendant Garcia and Defendant Brown’s breach of their
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`duty of loyalty owed to Medcor. Specifically, Medcor seeks to enjoin Defendants’ unauthorized
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`use and disclosure of Medcor’s trade secrets and its confidential and proprietary information, and
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`to enjoin the Defendants from improperly soliciting Medcor’s clients and competing against
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`Medcor by using Medcor trade secrets and by passing off Medcor’s services as those of
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`Defendant Medway. Medcor also seeks damages it has suffered because of Defendants’ actions.
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`2.
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`Medcor provides on-site workplace healthcare services to clients across the
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`United States and in Canada to improve healthcare outcomes and access to medical care while
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`reducing costs. Medcor uses highly trained professional staff, evidence-based medicine,
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`proprietary protocols, and state-of-the-art systems to achieve sustained, positive results. A large
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`component of Medcor’s business is COVID-19 related health security screening, testing, and
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`worksite COVID-19 exposure management services (collectively referred to as “COVID
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`Services”) offered to longstanding clients in the entertainment and sports industries who have
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`been Medcor clients for decades.
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`3.
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`Defendant Medway was formed and is being run by Defendant Garcia and
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`Defendant Patel. Defendant Garcia is a former Medcor employee, and Defendant Patel is a
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`physician contractor who worked for both Medcor and Defendant Medway, but whose loyalties
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`fell to Defendant Garcia and Defendant Medway. Defendant Garcia and Defendant Patel have
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`used confidential trade secret information from Medcor to offer and to provide services to clients
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`of Medcor through Defendant Medway.
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`4.
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`Medcor terminated Defendant Garcia’s employment in December 2020. While
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`Medcor and Defendant Garcia were negotiating his employment severance terms in December
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`2020, Defendant Garcia established competitor Defendant Medway, intentionally selecting and
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`using a name and trademark that is confusingly similar to Medcor. The name and mark
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`MEDWAY was chosen with the purpose of causing confusion in the marketplace, and this
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`confusion has been encouraged by Defendant Medway’s and Defendant Garcia’s passing off of
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`Medcor’s COVID Services provided to the entertainment and sports industries in 2020 as
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`services provided by Defendant Medway.
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`5.
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`Before and after Defendant Garcia’s termination from Medcor, Defendant Garcia
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`conspired with Defendant Brown, a Medcor employee at the time, and Defendant Patel, a
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`physician under contract to provide services for Medcor, to steal Medcor’s trade secrets and
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`confidential and proprietary information, thereby allowing Defendant Medway to unfairly
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`compete with Medcor. Defendant Brown and Defendant Patel provided Defendant Garcia and
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`Defendant Medway with Medcor trade secrets and proprietary information that allowed
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`Defendant Medway to solicit clients and steal business opportunities from Medcor. Defendant
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`Garcia also engaged in efforts to market his services in competition with Medcor. In doing so,
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`Defendant Garcia violated the terms of his employment agreement with Medcor. Defendant
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`Garcia further passed off Medcor’s services as his own and Defendant Medway’s services, and
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`used marketing materials bearing a trademark that is confusingly similar to Medcor’s registered
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`trademark.
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`6.
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`Defendants have solicited and stolen longstanding Medcor clients through
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`improper means described herein.
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`7.
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`Given Defendant Medway and Defendant Garcia’s infringement of Medcor’s
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`trademark rights, deceptive business practices, and theft of Medcor’s intellectual property,
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`Medcor’s business is substantially threatened and is suffering irreparable harm.
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`8.
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`Before Medcor’s customer relationships and confidential and trade secret
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`information are further eroded, Medcor seeks injunctive relief to protect the intrinsic value of its
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`customer relationships, trade secrets, proprietary and confidential information, trademarks, and
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`goodwill.
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`9.
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`Medcor respectfully requests this Court to enjoin the Defendants from the
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`following: (a) from using or disclosing any of Medcor’s confidential, proprietary, and/or trade
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`secret information, or aiding, assisting, or abetting to any of these acts, and further violating their
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`non-solicitation and non-competition, among other, contractual obligations; (b) from engaging in
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`or participating in any employment or activity designed to divert Medcor’s clients or potential
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`clients; (c) from inducing the mistaken belief that Defendant Medway’s goods and services are
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`affiliated with Medcor and Medcor’s goodwill and reputation; (d) unfairly competing with
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`Medcor by using trademarks and trade names confusingly similar to Medcor’s; (e) retaining any
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`inventory of documents or materials that infringes Medcor’s rights (by the return or destruction
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`thereof); (f) using their similar domain name; (g) other acts the Court so deems appropriate.
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`10. Medcor also seeks actual, incidental, compensatory, consequential, and punitive
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`damages because of Defendants’ actions and Medcor’s efforts to recover, preserve, and protect
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`its trade secrets, confidential and proprietary information, trademark rights, and long-standing
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`customer relationships.
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`JURISDICTION AND VENUE
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`11.
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`This Court, in the Northern District of Illinois (“District”), has subject matter
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`jurisdiction over the claims arising under the federal Defend Trade Secrets Act, 18 U.S.C. §
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`1831, et seq., and the Lanham Act, 15 U.S.C. § 1051, et seq., pursuant to 28 U.S.C. § 1331. This
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`Court has supplemental jurisdiction over all other claims alleged in this Complaint pursuant to 28
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`U.S.C. § 1367.
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`12.
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`This Court has personal jurisdiction over Defendant Garcia, because he has
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`conducted business in the State of Illinois and committed tortious acts within the State, pursuant
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`to 735 ILCS 5/2-209(a)(1)–(2). In particular, as an employee of Medcor, Defendant Garcia
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`routinely communicated with his supervisor, who works out of Medcor’s corporate headquarters
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`in Illinois. Defendant Garcia consented to Illinois jurisdiction, specifically the Northern District
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`of Illinois, in his employment agreement with Medcor in the event of a legal dispute. Further,
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`Defendant Garcia misappropriated and continues to misappropriate trade secrets that are owned
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`by Medcor and housed electronically in this District.
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`13.
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`This Court has personal jurisdiction over Defendant Brown, because she has
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`conducted business in the State of Illinois and committed tortious acts within this State, pursuant
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`to 735 ILCS 5/2-209(a)(1)–(2). In particular, as an employee of Medcor, Defendant Brown
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`routinely communicated with her supervisor, who works out of Medcor’s corporate headquarters
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`in Illinois. Defendant Brown consented to Illinois jurisdiction, specifically the Northern District
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`of Illinois, in her employment agreement with Medcor in the event of a legal dispute. Further,
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`Defendant Brown misappropriated and continues to misappropriate trade secrets that are owned
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`by Medcor and housed electronically in this District.
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`14.
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`This Court has personal jurisdiction over Defendant Patel, because he has
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`conducted business in the State of Illinois and because he has committed tortious acts within this
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`State, pursuant to 735 ILCS 5/2-209(a)(1)–(2). Upon information and belief, Defendant Patel
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`has a license to practice medicine in the State of Illinois and treats patients in the State of Illinois
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`through telemedicine. Defendant Patel also works with Medcor pursuant to a “Physician
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`Agreement to Provide Medical Services” to Medcor clients through Onsite Physician Services of
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`Illinois, SC. Defendant Patel has consented to Illinois jurisdiction, specifically the Northern
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`District of Illinois, in a Non-Disclosure agreement with Medcor in the event of a legal dispute.
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`Further, Defendant Patel misappropriated and continues to misappropriate trade secrets that are
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`owned by Medcor and housed electronically in this District.
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`15.
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`This Court has personal jurisdiction over Defendant Medway because it has
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`committed tortious acts in this District by and through Defendant Garcia, and has committed acts
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`of infringement within this State, pursuant to 735 ILCS 5/2-209(a)(2). Defendant Medway, by
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`and through Defendant Garcia, who obtained Medcor trade secret information in Illinois to form
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`the Medway business, misappropriated and continues to misappropriate Medcor’s trade secrets,
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`which are owned by Medcor and housed electronically this District. Thus, the consequences of
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`Defendant Medway’s actions produce effects in, and directly implicate, this District and Illinois.
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`16.
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`Venue is proper in this District as to each of the Defendants under 28 U.S.C. §
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`1391(b)(2) because a substantial part of the events giving rise to this claim occurred in this
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`judicial district.
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`PARTIES
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`17.
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`Plaintiff Medcor is an Illinois corporation, active and in good standing, with its
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`principal place of business at 4805 Prime Parkway, McHenry, Illinois 60050, which is in McHenry
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`County.
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`18.
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`Upon information and belief, Defendant Garcia is a California resident.
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`Defendant Garcia was employed by Medcor from October 1, 2019 until December 9, 2020 as a
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`Director of Operations.
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`19.
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`Upon information and belief, Defendant Brown is a Texas resident. Defendant
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`Brown was employed by Medcor from September 26, 2019 until her termination on April 6,
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`2021. When Defendant Garcia was terminated, Medcor promoted Defendant Brown into
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`Defendant Garcia’s former role as a Director of Operations. That promotion elevated Defendant
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`Brown to the same fiduciary level Defendant Garcia occupied at the time he was terminated and
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`afforded her access to the same proprietary Medcor information known to Defendant Garcia.
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`20.
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`Upon information and belief, Defendant Patel is a Florida resident. Defendant
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`Patel began his engagement with Medcor on August 31, 2020 pursuant to a “Physician
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`Agreement to Provide Medical Services” to Medcor clients through Onsite Physician Services of
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`Illinois, SC.
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`21.
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`Upon information and belief, Defendant Medway is a California corporation that
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`maintains a principal place of business at 3000 Danville Blvd., Ste. F #196, Alamo, California
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`94507.
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`FACTUAL BACKGROUND
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`MEDCOR’S BUSINESS
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`22. Medcor provides on-site workplace healthcare services to clients across the
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`United States and Canada to improve healthcare outcomes and access medical care while
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`reducing costs. Medcor uses highly trained professional staff, evidence-based medicine,
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`proprietary protocols, and state-of-the-art systems to achieve sustained, positive results. A
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`material component of Medcor’s business is its COVID Services, involving COVID-19
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`screening, testing, and worksite exposure management services offered to clients in the
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`entertainment and sports industries.
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`23. Medcor operates its COVID Services business from its headquarters in McHenry,
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`Illinois, and provides these services to entertainment and sports production locations throughout
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`the United States and Canada. Medcor is a well-established company with over 1,800
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`employees, with an infrastructure including various departments including Clinical Affairs,
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`Legal, Information Technology and Human Resources, among others.
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`24.
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`In order to submit bids and win new COVID Services contracts with clients in the
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`entertainment and sports industries, Medcor relies on a wealth of information it has collected
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`over the years, and in particular, the information collected as a part of the extensive services that
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`Medcor has provided during the COVID-19 pandemic. The performance of COVID Services is
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`a demanding and time-sensitive business where one positive COVID-19 test can shut down a
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`production crew for days, a situation which can result in significant monetary losses for such
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`companies.
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`25. Medcor has developed the expertise to work in demanding COVID Services
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`environments and has earned the respect and confidence of major players in the industry for its
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`consistently reliable and high-quality services. Such expertise and know-how include industry
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`and client-specific knowledge of how to implement intrusive COVID-19 screening and testing
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`services in a way that does not interfere with production. This expertise and know-how, together
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`with, at the least, (a) Medcor’s telephone triage algorithms, Medcor’s AFKAM software, and
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`Medcor’s telephone triage methods, processes and systems, including the implementation of U.S.
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`and foreign Patents (U.S. No. 7,668,733; 7,716,070; & 7,720,692; other patents pending); (b)
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`Medcor’s occupational health clinic Patient Care Guidelines, Medcor’s processes and systems to
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`implement and execute its Patient Care Guidelines, Medcor’s Medfiles software, and Medcor’s
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`Medfiles Wizard algorithms; (c) Login and password information for Medcor’s information
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`systems; (d) Medcor’s business planning and pricing methodologies; (e) Medcor’s internal non-
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`public financial information; (f) Information from clients that is considered a trade secret by the
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`client; (g) Client and customer lists, the identity of key client contact persons responsible for
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`purchasing the types of services provided by Medcor, and Medcor’s pricing methods (including,
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`but not limited to, the COVID Services key client list and execution methods); (h) Specialized
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`strategies, practices and procedures for obtaining and maintaining clients, including both proven
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`and planned marketing, sales and ongoing service strategies and programs; (i) Medcor’s Quality
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`Assurance methods and results; (j) Medcor’s integration between customers’ claims processes
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`and Medcor’s clinic and triage processes, including operational solutions relevant to individual
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`clients; (k) Medcor’s clinic operations policies, procedures and processes.; (l) Medcor’s
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`telephone triage policies, procedures and processes; (m) The processes and systems of Medcor’s
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`clients, including claims processing and handling, client policies and procedures, the systems and
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`methods clients utilize to interface with Medcor’s services; (n) All personal information about
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`individuals utilizing Medcor’s services; (o) Information from clients that is considered
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`proprietary information by the client; and (p) Other information determined by Medcor to be
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`confidential (all of the above, including said expertise and know-how, are collectively referred to
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`herein as “Protected Information”) are important and valuable trade secrets of Medcor .
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`26.
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`The Protected Information is not known in the industry or by the general public
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`and gives Medcor a competitive advantage to win COVID Services contracts.
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`27.
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`Disclosure of the Protected Information negatively and significantly impacts
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`Medcor’s ability to compete and win bids.
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`28.
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`Because of the critical nature of Medcor’s Protected Information and how it
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`allows Medcor to succeed, Medcor closely guards its Protected Information. Medcor takes
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`specific measures to restrict access to and preserve the confidentiality of this information,
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`including, but not limited to:
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`a.
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`Requiring employees to sign agreements containing terms and
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`covenants designed to maintain confidentiality and requiring the return of
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`Medcor’s property upon resignation or termination;
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`b.
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`Requiring employees to maintain the confidentiality of Medcor’s
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`information;
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`c.
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`Restricting access to computerized information through the use of
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`passwords and a password-protected shared drive on its VPN network, and
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`encrypting the data of the Protected Information on the servers;
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`d.
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`Prohibiting the unauthorized physical removal of company
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`information (via paper, disc, flash drive, or other media) and electronic
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`transmission of such information (via email or other means);
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`e.
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`Restricting access to computerized company information based on
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`each individual employee’s “need to know” in a confidential database;
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`f.
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`Entering into non-disclosure covenants with its suppliers and
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`clients to restrict what information regarding the relationship may be disclosed to
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`third parties;
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`g.
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`Prohibiting Medcor employees from holding Medcor trade secrets
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`or confidential information on personal computers, and other actions as outlined
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`by the Medcor Employee Handbook; and
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`h.
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`Removing employee access to Protected Information upon
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`termination or release.
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`29. Medcor rigorously maintains the confidentiality of its Protected Information
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`because the information provides Medcor a competitive advantage in the marketplace from
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`which Medcor derives economic value.
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`30.
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`Any Medcor competitor—including the Defendants—who possess or use the
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`Protected Information would gain an immediate and unfair competitive advantage in the
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`marketplace.
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`31.
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`Possession and use of this information would enable competitors to, among other
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`improper advantages: (a) develop trade secret and confidential and proprietary information
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`without expending any time or resources, let alone the same degree of time and resources that
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`Medcor expended; (b) quickly develop pricing strategies and services to unfairly compete with
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`Medcor in order to diminish or erode Medcor’s marketplace standing and customer relationships;
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`(c) discover initiatives that should not be pursued; and (4) benefit from a customer relationship
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`that first started with and was nurtured and developed by Medcor.
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`DEFENDANT MEDWAY SET UP TO COMPETE DIRECTLY AGAINST MEDCOR
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`32. Medcor terminated Defendant Garcia’s employment on December 9, 2020. The
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`domain name <medwayhealth.org> was registered on December 12, 2020. On information and
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`belief, the domain name <medwayhealth.org> is used by Defendant Medway, Defendant Garcia,
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`and Defendant Patel in connection with a website to advertise services offered by Defendant
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`Medway. Articles of Incorporation for Defendant Medway were filed with the California
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`Secretary of State on January 13, 2021. The Articles show Defendant Garcia as the Individual
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`Agent for Defendant Medway.
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`33.
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`On December 30, 2020, Defendant Garcia signed a Separation Agreement with
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`Medcor, entitled the “Confidential Separation Agreement and General Release of Claims”. Within
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`two weeks of signing this severance agreement with Medcor, Defendant Garcia incorporated
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`Defendant Medway in California.
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`34.
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`Upon information and belief, Defendant Medway was set up as a sham company to
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`be used as Defendant Garcia’s personal instrument to perpetuate infringing activities and other bad
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`acts in the marketplace, to confuse current and potential Medcor clients, and to usurp business
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`opportunities from Defendant Garcia’s former employer, Medcor.
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`35.
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`Upon information and belief, Defendant Garcia created Defendant Medway as a
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`shell under which he set out to use the Protected Information to design, create, offer to sell, and/or
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`sell competing on-site workplace healthcare services including COVID-19 testing services, and
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`directly compete with Medcor.
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`DEFENDANT GARCIA’S AND DEFENDANT BROWN’S EMPLOYMENT WITH, AND
`OBLIGATIONS TO, MEDCOR
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`During Defendant Garcia’s employment at Medcor, Defendant Garcia oversaw
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`36.
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`operations for a new division within the company called Health Security, whose efforts were
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`focused on COVID screening and testing. In particular, Defendant Garcia was the Director of
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`Operations responsible for running Medcor’s COVID Services operations for one large
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`entertainment client (“Medcor Entertainment Client”) in its sports production business. Medcor
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`delivered its services to the Medcor Entertainment Client utilizing a mobile traveling workforce,
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`which travelled to entertainment venues across the United States. In his role as Director of
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`Operations, Defendant Garcia was responsible for developing and maintaining a favorable
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`business relationship with the Medcor Entertainment Client, and for identifying other potential
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`clients where Medcor’s COVID Services could be utilized.
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`37.
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`As Director of Operations, Defendant Garcia had access to Medcor’s Protected
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`Information.
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`38.
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`Defendant Garcia was privy to Medcor’s Protected information, including
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`business planning, pricing, and to the identities of key client contacts within Medcor’s
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`entertainment and sports client list. During his tenure, Defendant Garcia provided COVID
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`Services to other entertainment and sports clients acquired by Medcor as a result of referrals
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`from these clients to Medcor. But for Defendant Garcia’s employment with Medcor and access
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`to the Protected Information, he would not have had knowledge of the vendor and client
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`contacts, knowledge of the COVID Services required by Medcor’s clients or how to provide
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`them, or Medcor’s solutions to the relevant operational issues common to serving these clients.
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`From approximately June 2020 to December 9, 2020, Defendant Brown was employed by
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`Medcor and reported directly to Defendant Garcia. Defendant Brown managed the day-to-day
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`operations for the Medcor Entertainment Client and other Medcor entertainment and sports
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`clients referred to Medcor. During Defendant Garcia’s tenure at Medcor, he provided Defendant
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`Brown access to the Protected Information. On December 9, 2020, after Defendant Garcia’s
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`termination from Medcor, Defendant Brown was promoted into Defendant Garcia’s role as
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`Director of Operations and was provided first-hand access to the Protected Information
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`39.
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`As a function of their positions, Medcor gave Defendant Garcia and Defendant
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`Brown access to the Protected Information, and Medcor also entrusted them with highly valuable
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`customer relationships. Defendant Garcia and Defendant Brown served important functions in
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`Medcor’s business.
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`40.
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`Through the trust Medcor placed in them, Defendant Garcia and Defendant
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`Brown were exposed to and formed business relationships with Medcor’s COVID Services
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`clients and were likewise had knowledge of the Protected Information regarding such clients.
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`41.
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` Defendant Garcia signed an employment agreement with Medcor titled
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`“EMPLOYMENT AGREEMENT – OPERATIONS MANAGER, TARGET LEVEL” on
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`October 1, 2019, relating to, among other things, Defendant Garcia’s obligations regarding non-
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`solicitation and the protection of Medcor’s Protected Information. Defendant Brown signed an
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`employment agreement on January 9, 2021, entitled “EMPLOYMENT AGREEMENT –
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`OPERATIONS DIRECTOR LEVEL”. The agreements signed by Defendant Garcia and
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`Defendant Brown contain non-solicitation and non-compete provisions, among others, restricting
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`the use of Medcor’s Protected Information.
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`42.
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`The employment agreements signed by Defendant Brown and Defendant Garcia
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`(both referred to as “Advocate” in their agreements) require them to: (a) acknowledge what
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`constitutes Medcor’s trade secrets, confidential and proprietary information; (b) acknowledge
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`Medcor’s interest in protecting this information; (c) acknowledge that the disclosure of such
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`information without Medcor’s consent is prohibited; and (d) agree to not disclose any such
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`information without Medcor’s consent. In particular, the agreements state that:
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`5.
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`Trade Secrets and Proprietary Information
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`(a) Medcor’s trade secrets include, but are not limited to the following:
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`1) Medcor’s telephone triage algorithms, Medcor’s AFKAM software,
`and Medcor’s telephone triage methods, processes and systems, including
`the implementation of US and foreign Patents (U.S. No. 7,668,733;
`7,716,070; & 7,720,692; other patents pending).
`2) Medcor’s occupational health clinic Patient Care Guidelines, Medcor’s
`processes and systems to implement and execute its Patient Care
`Guidelines, Medcor’s Medfiles software, and Medcor’s Medfiles Wizard
`algorithms.
`3) Login and password information for Medcor’s information systems.
`4) Medcor’s pricing methodologies.
`5) Medcor’s internal non-public financial information
`6) Information from clients that is considered a trade secret by the client.
`7) Trade secrets can exist in any format, including written information,
`recorded information in any format (including magnetic or other
`computer-readable format), and oral information.
`
`
`(b) Medcor’s proprietary information includes but is not limited to the
`following:
`
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`1) Client and customer lists, the identity of key client contact persons
`responsible for purchasing the types of services provided by Medcor, and
`Medcor’s pricing methods.
`2) Specialized strategies, practices and procedures for obtaining and
`maintaining clients, including both proven and planned marketing, sales
`and ongoing service strategies and programs.
`3) Medcor’s Quality Assurance methods and results.
`4) Medcor’s integration between customers’ claims processes and
`Medcor’s clinic and triage processes.
`5) Medcor’s clinic operations policies, procedures and processes.
`6) Medcor’s telephone triage policies, procedures and processes.
`7) The processes and systems of Medcor’s clients, including claims
`processing and handling, client policies and procedures, the systems and
`methods clients utilize to interface with Medcor’s services.
`8) All personal information about individuals utilizing Medcor’s services.
`(See Medcor’s HIPAA Standards)
`9) Information from clients that is considered proprietary information by
`the client.
`10) Other information determined by Medcor to be confidential.
`11) Proprietary information can exist in any format, including written
`information, recorded information in any format (including magnetic or
`other computer-readable format), and oral information
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`Case: 1:21-cv-02164 Document #: 1 Filed: 04/21/21 Page 16 of 62 PageID #:16
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`c) Restrictions on Disclosure During Employment
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`
`Advocate agrees not to disclose any trade secret or proprietary information
`to any person or entity except as authorized by Medcor. Advocate agrees
`not to remove from Medcor's premises any trade secret or proprietary
`information except as authorized by Medcor, and Advocate agrees to
`return to Medcor any trade secret or proprietary information possessed by
`Advocate when requested by Medcor.
`
`Advocate agrees not to store any trade secret or proprietary information at
`any location outside of Medcor's premises, including storage on portable
`storage or personal computers or personal electronic devices transported
`from Medcor's premises, except as authorized by Medcor.
`
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`43.
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`Defendant Brown’s and Defendant Garcia’s employment agreements likewise
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`contain provisions obligating them to keep Medcor’s confidential and trade secret information,
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`including the Protected Information, confidential post-termination. The agreements state, in
`
`relevant part:
`
`(d) Restriction on Disclosure Post Employment
`
`If Advocate’s employment with Medcor is discontinued for any reason, Advocate
`agrees:
`
`
`A) not to use any trade secret or proprietary information acquired during
`Advocate’s employment with Medcor, including information retained by
`memory, for Advocate’s own benefit or for the benefit of any other person
`or entity, without the prior express written permission of Medcor,
`B) not to use any trade secret or proprietary information for the benefit of
`a competitor of Medcor or for a former client of Medcor.
`C) not to solicit any Medcor customer for Advocate’s own benefit or for
`the benefit of any other person or entity.
`D) to return to Medcor within 48 hours all equipment and supplies,
`including computer software programs and applications provided to
`Advocate during your employment,
`E) to immediately return all contracts, proposals, training materials,
`literature, correspondence, memoranda, reports, drawings, lists, outlines,
`schedules, travel information, and any other documents or data of any kind
`or nature which relate in any way to the business of Medcor including,
`without limitation, all materials which comprise or refer to Medcor's trade
`secret or proprietary information.
`F) not retain any copy, facsimile, computer record, or note intended to
`memorialize any trade secret or proprietary information.
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`Case: 1:21-cv-02164 Document #: 1 Filed: 04/21/21 Page 17 of 62 PageID #:17
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`As for Defendant Brown’s and Defendant Garcia’s obligations to return their
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`44.
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`Medcor equipment and other materials post-termination pursuant to their employment
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`agreements, Defendant Brown has thus far not returned the Medcor equipment. Medcor’s
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`investigation as to Defendant Brown’s and Defendant Garcia’s use of Medcor equipment and
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`materials in furtherance of the tortious acts complained of herein is ongoing.
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`45.
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`Defendant Brown’s and Defendant Garcia’s employment agreements also
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`addressed Defendant Brown’s and Defendant Garcia’s relationships with Medcor competitors
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`and clients, stating, in relevant part:
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`(d) Restriction on Disclosure Post Employment
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`. . .
`
`(d)