Miller Morton Obtains Full Dismissal In Unfair Business Practices Suit; Final Judgment Awards Client $2.8 Million On Cross-Complaint

November 2015

SAN JOSE, Calif. – Nov. 9, 2015 – Miller, Morton, Caillat & Nevis, LLP obtained final judgment, including judgment on all claims against its clients and damage awards on cross-complaint claims of $2.8 million, in Valentine Capital Asset Management, Inc. v. Concert Global, Inc., et. al (No. 112CV219304). 

Filed in Santa Clara County Superior Court, Valentine Capital Asset Management (VCAM) sought relief for claims alleging misappropriation of trade secret information and interference with contractual relations from former employees. After a campaign of personal and professional public attacks on defendants by plaintiff, defendants filed cross-complaint claims alleging false statements and intentional interference of economic relations. Miller Morton Managing Partner David Kornbluh and Attorney Stephanie Rocha represented the defendants throughout the suit, including in their successful cross-complaint claims which resulted in an award for compensatory and punitive damages.

“The most important aspect of the verdict is that our clients were totally vindicated and received a substantial monetary award on their cross complaint. They can now move forward with their business,” said Kornbluh. “Our firm is known for highly strategic and assertive litigation approaches that meet our clients’ business objectives.”  

The suit arose when defendants William E. Leitch and Corey Casilio left their employment with VCAM and subsequently opened their own firm, Casilio Leitch Investments, which contracted with Concert Global, Inc. and Concert Wealth Management, Inc. Plaintiff filed suit alleging twelve causes of action for unfair business practices, including misappropriation of trade secrets. Defendants filed a cross-complaint for VCAM’s slander and interference with economic relations. Following a three week jury trial, in which a multitude of evidence was presented, the jury found in favor of defendants on all of the claims in plaintiff’s complaint. The jury also found in favor of defendants on their cross-complaint, awarding a total of $2.8 million against VCAM and its owner, John L. Valentine.

Upon review of the jury’s stated verdict, Honorable William J. Monahan approved all findings and entered final judgment in the case on Nov. 5, 2015.