GS2Law Obtains Jury Verdicts Against NCR For Misappropriation of Confidential Information
January 7, 2019 – GS2Law obtained jury verdicts in the Southern District of New York for its Hong Kong-based client KT Group Limited in its nearly 4-year quest for vindication against NCR Corporation, a publicly-traded Fortune 500 company.
The case centered on the design of the SelfServ 90 or SS90, NCR’s award-winning flagship card-only self-checkout kiosk which can be seen in Tesco stores in the UK, Muji in Japan, Globus in Russia, SPAR in Europe, and airports all across the US.
The jury found that NCR was liable for using or disclosing the mechanical drawings provided by KT under the presumed blanket of confidence provided by the non-disclosure agreements and wrongfully used the drawings for its own benefit.
Moreover, the jury also found NCR liable for misappropriating the mechanical drawings of KT, and in so do doing, GS2Law proved to the jury that the NCR team, led by Dusty Lutz, the head of NCR’s retail store transformation division, acted with bad faith i.e. with malice, willfulness, a dishonest purpose or fraud.
NCR advanced its multiple defenses including that the non-disclosure agreements permitted harvesting of information for its own use, and that standard terms and conditions in NCR’s purchase order system superseded the agreements. GS2Law demonstrated that the defenses did not hold water.
This is a rare case where a small company has not only managed to bring a large corporation to task but also to show that a company like NCR and its senior executives had done so willfully and dishonestly.
KT’s trial team consisted of Robert Garson (lead), Michael Steinmetz and Michael Smaila.