Partners Richard Miller and Eric Macey represent Medline Industries, Inc. in a federal lawsuit  against a former employee.  The employee is alleged to have e-mailed various files to herself, shortly before leaving Medline, containing confidential Medline pricing information and customer lists.  She is accused of next having accepted employment with one of Medline's largest competitors and shared that information with the competitor.

In May 2009, Miller flew to Florida with a high ranking Medline employee to take the deposition of an individual that had been a co-worker of the Defendant at both Medline and the competitor.  During that deposition, opposing counsel directed the witness not to answer approximately 75 questions and objected roughly 250 times.  Miller and Macey filed a motion for sanctions against the attorney on Medline's behalf.

On October 6, 2009, the Court issued a Memorandum Opinion and Order granting Medline's sanction motion.  The Order overruled all of opposing counsel's 250 objections, ordered that a second deposition of the witness take place, and ruled that Medline is entitled to its attorneys' fees relating to: (a) the briefing on its sanctions motion; (b) the briefing on a related motion filed by the opposing counsel; and (c) preparing for, attending, and re-taking of the deposition of the witness on Florida.

For further information, feel free to contact Richard Miller or Eric Macey at 312.419.6900.  If you would like to read the Court's Memorandum Opinion, please click the below link.