The story raises points about trade secrets, fraudulent conveyances, collections, and litigation in general.
- Collections. Woman loses a trade secrets case and plaintiff gets a nice sized judgment. Thing is unlike personal injury cases where insurance will pay the judgment, with a trade secrets case we have to look for assets to pay the judgment. Plaintiff in this Virginia case is doing just that.
- Fraudulent conveyances. This where a defendant has an asset and transfers it away from a creditor. Fraudulent conveyance came to mind when reading this (and I bet it sounded loud and clear to plaintiff's attorneys):
On March 17, Romar’s attorneys, Glenn Pulley and W. Huntington Byrnes, filed a motion asking for an accelerated hearing because Tomer and her husband, Danville City Councilman Adam Tomer, transferred ownership of their home to John C. Tomer on March 4.
Their motion said, “The deed … purports to be both a deed of bargain and sale and a deed of gift. It is unknown at this time whether or not Adam J. Tomer and Robin G. Tomer actually received consideration for the transfer, but it is clear that the Grantors reported the sale price of $91,000.00 to the Clerk.”
- Litigation Generally. A plaintiff may have a great case - liability clear to everyone - but if the defendant lacks assets there may be no way to pay the judgment. Then a great case becomes a pretty poor case. Civil cases bring to mind a line from a song: "Money, that's what I want." Do not expect a lawyer to take on a civil suit as a contingency fee case where collecting the judgment is unlikely.
- Trade Secrets. Consider all the above, read the report from Virginia, and then read my other articles on trade secrets, and you should realize why I emphasize prevention as the best employment for a business' lawyer in a trade secrets case. Use the judgment from the Virgina case to decide if the cost of prevention is less than the risk of trade secrets exposed:
An earlier court date was not granted, the motions were heard on April 7, and a Judgment Order was filed, ordering Robin Tomer to pay Romar $171,000.
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I would spend the money 10 times over. A thief is a thief. No matter what you do to protect your self/business a thief if given time will take/steal and lie. The best protection for any business today is spyware. Watch each and every one of your computers (spectra Soft) is one that I highly recommend. This thief (Robin Tomer) has for ever scarred her life and she will always be known as nothing more than a common thief....... The Supreme Court of Virginia has denied her appeal. Tomer and her actions were described by a judge in criminal court as fraudulent, criminal, wrongful and illegal, and she has lost her national certification to practice in the rehabilitation field. So crime does not pay.
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