In late March, Olinger notified FieldTurf of his impending resignation, but he had allegedly already downloaded confidential customer information onto a USB drive. Days after Olinger left FieldTurf, TenCate announced his appointment as president of its sports division. Notably, Olinger would report to Joe Fields, head of TenCate USA and former FieldTurf CEO.
TenCate vs FieldTurf: FieldTurf’s Response
FieldTurf claims it sent demand letters through its attorneys to TenCate, which allegedly refused to act after initially promising to investigate the allegations. In this week’s motion, TenCate argued that FieldTurf lacks sufficient pleadings to support its “threadbare allegation” that Olinger absconded with valuable data. FieldTurf has not shown any specific trade secrets or demonstrated what it stands to lose, according to TenCate.
“FieldTurf does not even allege that it has lost any clients or sales to or because of TenCate; it only says that ‘business from its clients’ and ‘valuable business opportunities’ are among the harms that FieldTurf may suffer,” TenCate stated. “The only link that FieldTurf identifies between its trade secrets and TenCate is that TenCate, through Olinger, has obtained and retains FieldTurf’s trade secrets and that this retention may be harmful to FieldTurf in the future.”
Tortious Interference Claim
FieldTurf also alleges that TenCate tortiously interfered with its contract with Olinger. However, TenCate contends that under Georgia law, it needs to be a complete “stranger” to the contract, which it was not. “Based on FieldTurf’s own allegations, it is clear that FieldTurf, Olinger, and TenCate are all part of an ‘interwoven contractual agreement,’ and TenCate is not a stranger to the employment agreement or any of the business relationships underpinning the employment agreement,” the company added.
TenCate vs FieldTurf: Legal Representation
FieldTurf is represented by Shaniqua L. Singleton and S. Wade Malone of Nelson Mullins Riley & Scarborough LLP, and John C.C. Sanders Jr., Alex Ingoglia, and D. Taylor Hinojosa of Winston & Strawn LLP. TenCate is represented by William C. Collins Jr., Graham H. Stieglitz, and Joseph H. Stuhrenberg of Burr & Forman LLP.
