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TIG's Geier countered that Nexus IS turned over the data, including the proposals, to TIG as part of the discovery phase. "Why would they turn it over as part of the discovery phase if they say they didn't have it," he said.
In preparing for the trial, which because of the last-minute settlement never happened, Nexus IS was prepared to ask TIG for more information about a May FBI raid on two TIG offices based on a Federal search warrant, Nexus IS lead attorney DeCarlo said.
TIG filed a motion, which CRN reviewed, to preclude reference of the FBI raid from the trial. However, Nexus IS filed an opposition, which CRN also reviewed, alleging that details of the cause for the raids, which were never made public, would be relevant to Nexus IS's defense against TIG's lawsuit, DeCarlo said.
"Plaintiff's damage expert in his 2012 opinion considered what TIG's sales in 2013 would have been but for defendants' alleged wrongful conduct. As such, that a significant event occurred in 2013 that was unrelated to the alleged wrongful conduct and which most certainly has impacted TIG's 2013 sales is then unquestionably relevant to at least plaintiff's damage calculations," Nexus IS wrote in its opposition.
Geier said the FBI raid, which was related to a whistleblower action filed five or six months ago against TIG, resulted in no charges being filed.
"The FBI does this to many people," he said. "They're raiding people every day. There's no relevance to this case. Nexus IS was trying to divert attention from themselves at having settled for a seven-figure amount with negative news."
TIG and Geier are no strangers to taking competitors to court over hiring practices.
TIG in 2010 was awarded $10.9 million in a lawsuit against FusionStorm after proving its case that the San Francisco-based solution provider and former TIG executives were found liable for among other things misappropriation of trade secrets, breach of fiduciary duty and breach of loyalty.
In that case, the jury awarded TIG a total of $9.36 million in compensatory damages and $1.525 million in punitive damages from FusionStorm and the six individuals at the center of the case.
TIG also currently has another similar case against an Orange County, Calif.-based solution provider that Geier said he believes is "resolvable."