Sunday, March 18, 2007

News - Confidentiality Agreement Goes Sour

From Globe St.com:

SACRAMENTO-Locally headquartered Peter P. Bollinger Investment Co. has filed a lawsuit against Westfield Corporations Inc. seeking damages that it says could be in excess of $60 million. The litigation is related to Fountains, Bollinger’s planned retail development across from Westfield’s Galleria at Roseville Mall, construction for which is set to begin later this spring.

Bollinger alleges that after entering into confidentiality agreements in 2005 so that the two might further discuss a possible joint venture to develop Fountains, Westfield misused the detailed, proprietary information it was provided regarding Bollinger’s prospective tenants, rental rates, construction costs and the like. The lawsuit was filed late last week in Placer County Superior Court.

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Filed March 9, Bollinger's suit alleges breach of agreement, misappropriation of trade secrets, unfair competition, unjust enrichment, interference with prospective economic advantage, fraud, and breach of covenant of good faith and fair dealing. A Westfield spokesperson tells GlobeSt.com the company “does not comment on matters under litigation.”

Prevention does not always work but no prevention means disaster.

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