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Nexus IS lead attorney DeCarlo declined to discuss the impact of the lawsuit against the seven employees named in the lawsuit, other than to say the settlement covered them as well as Nexus IS.
"I won't comment on the individuals," he said. "This case is about Nexus IS."
DeCarlo said the settlement between the two solution providers was no victory for TIG. "The reality of modern litigation is, cases are settled every day," he said.
For instance, he said the settlement, a copy of which CRN reviewed, contained no restriction on any Nexus IS activities going forward. "In cases of theft of trade secrets, it's common for there to be a requirement to return the trade secrets," he said.
In any case, DeCarlo said TIG has a curious definition of "victory."
"It's a curious definition of victory when a company settles for less than what it spent on the case," he said. "TIG would have been better off if it hadn't prosecuted this case."
TIG's Geier admitted that the $1.04-million settlement realistically may not have covered his company's expenses.
"Trials are expensive and have a big impact on employees," he said. "We wanted to make a point. There was no admission of guilt as part of the settlement. But, over $1 million is an admission of guilt. It doesn't take a brain surgeon to figure that out."