Tech Employer Sues Former Employee for Alleged Conflict of Interest

    This case involves a large corporation’s claim against a former employee who allegedly had a conflict of interest. The corporation, the plaintiff, constructed large data centers. In order to get the materials to build these large data centers, the corporation had the defendant, an employee of the plaintiff, locate various companies to use as vendors. Company Y was selected for around 35% of the data centers built for 9 years. FrDuring the last two years of construction, however, Company Y was selected by the defendant for 85% of the data centers that the plaintiff built. Additionally, at the of the project, the defendant left his position with the plaintiff to begin working for Company Y. The plaintiff alleges that, prior to leaving the corporation, the defendant gave favorable treatment to Company Y in order to procure a position within the company.

    Question(s) For Expert Witness

    • 1. What is your background with regards to developing or commissioning data centers?
    • 2. Have you ever heard of or been involved with oversight for the development of data centers?

    Expert Witness Response E-006000

    I am very experienced with data center commissioning and I am suited to help figure out exactly what the defendant party did wrong. Data center vendors usually have specific needs for different areas, and it is unusual that the same vendor would be used so frequently. In this case, it is important to examine any developments that may have occurred between 2010 and 2011. In my experience, however, I have not encountered a shift that dramatic (going from 35% to 85%). Also, any arrangements between Company Y and the defendant would be improper if the defendant was supposed to be neutral and select the best vendor for the job.

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