December 13, 2018

December 13, 2018

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December 11, 2018

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Company Pays For Taking Short Cuts to Start New Business

A New Jersey state court judge has allowed a $10 million jury verdict to stand in favor of biotech firm GenScript USA in its trade secret and employee piracy claims against competitor, Genewiz, Inc. In October 2014, the jury had entered a multi-million dollar verdict in GenScript’s favor following a six-week trial. The jury found former GenScript employee Ping “Mark” Yang had misappropriated GenScript’s trade secrets and helped Genewiz solicit more than 20 GenScript employees to join him at Genewiz to help launch Genewiz’s gene synthesis business. On February 20, 2015, Superior Court Judge Arthur Bergman denied Genewiz’s post-trial motions that sought to set aside the jury verdict. While the verdict may be appealed, this case presents a cautionary tale for companies seeking to expand capabilities by hiring individuals who possess trade secrets or other confidential and proprietary information.

In the litigation, GenScript claimed that Yang engaged in a number of unfair competitive activities that allowed Genewiz to gain entry into the gene synthesis business despite not possessing the requisite technology or employees with the necessary skills and training. In 2002, GenScript became one of the first companies in the United States to perform gene synthesis. Through the investment of significant funding and research to develop new technologies, GenScript managed to become a leader in the gene synthesis market in the United States.

GenScript alleged that in February of 2009, Genewitz offered Yang the position of general manager at its Beijing laboratory and promised him a bonus tied to the establishment of a gene synthesis business by March of the following year. According to GenScript, at the time, Genewiz was not performing gene synthesis and lacked the technology and skilled employees to do so. GenScript alleged that Yang remained with the company for six weeks after accepting the job at Genewiz and used this time to collect confidential company information concerning GenScript’s gene synthesis business. Genewiz also solicited over 20 GenScript employees who then proceeded to work for its new gene synthesis business. As a result, GenScript alleged Genewiz was able to begin offering gene synthesis services within less than one year of Yang leaving GenScript.

The verdict against Genewiz highlights the dangers facing companies that fail to properly assess the risks of hiring from a competitor when developing new lines of business, products or services. While Genewiz was able to bring its gene synthesis business into existence in a relatively short period of time, the company ended up with significant exposure through a lengthy litigation and costly jury verdict.

Jackson Lewis P.C. © 2018

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About this Author

Martin Aron, Jackson Lewis, family medical leave lawyer, whistleblowing attorney
Principal and Office Litigation Manager

Martin W. Aron is a Principal and Litigation Manager of the Morristown, New Jersey, office of Jackson Lewis P.C. For nearly 30 years, he has represented employers in all facets of labor and employment matters.

Mr. Aron acts as lead regional employment litigation counsel to a major communications company. Mr. Aron has represented employers in cases involving claims of discrimination on the basis of age, sex, sexual harassment, race, national origin, religion, sexual orientation and disability. He is also experienced in...

973-451-6370
Joseph C. Toris, Confidentiality, non-competition agreement, restrictive covenants, Jackson LEwis Law Firm
Of Counsel

Joseph C. Toris is Of Counsel in the Morristown, New Jersey, office of Jackson Lewis P.C. He is experienced with complex issues surrounding employee disloyalty, enforceability of confidentiality and non-competition agreements, and other restrictive covenants. Mr. Toris regularly participates in emergent matters seeking to impose or defend against the imposition of restraints in the state courts of New Jersey.

He is also experienced with Sarbanes-Oxley issues including the defense of whistleblower claims under the Act. Mr. Toris also assists clients in the development of codes of ethics and business conduct and corporate compliance programs, management and employee training and internal investigations.

973-451-6347