Legal Issues

Waste Connections, The Woodlands, Texas, and its subsidiary Progressive Waste Solutions of LA (PWS) have submitted an Original Complaint, Emergency Application for Temporary Restraining Order and Interlocutory Injunction against Atlanta-based Rubicon Global LLC and Jonathan Dewitt, a former PWS district sales manager.

The complaint alleges that Dewitt downloaded onto two USB devices at least 1,160 confidential documents amounting to about 4,800 pages, which included pricing information, bid proformas, customer lists and information on Waste Connections’ cultural training and development programs.

The complaint alleges Dewitt “abruptly resigned from PWS [March 24, 2017] to accept the position of national sales manager for Rubicon. The complaint claims Rubicon is “interfering with Waste Connections’ contracts and customer relationships and seeks to convert Waste Connections’ customers to Rubicon services through unlawful means.”

The complaint continues, “Unless defendants are immediately restrained and enjoined from using and/or disclosing plaintiffs’ trade secrets, plaintiffs will be imminently and irreparably harmed.”

Dewitt, also was allegedly provided a letter the day of his resignation from PWS reminding him of his ongoing contractual obligations, including prohibition against use of the plaintiffs’ confidential information and trade secrets and demanding he return any and all data of the plantiffs’ in his possession.

A letter also was allegedly provided to Rubicon advising the firm of Dewitt’s ongoing contractual and legal obligations.

The complaint indicates four counts:

• breach of contract (Dewitt);
• violation of the Georgia Trade Secrets Act (Dewitt and Rubicon);
• tortious interference with an existing contract (Rubicon); and
• request for a temporary restraining order and interlocutory injunction (Dewitt and Rubicon).

A link to the full complaint filed in Superior Court of Fulton County, Georgia, can be found at http://bit.ly/2v43Boh.

As a result of the pending litigation, Rubicon subsequently dismissed the employee at the center of the suit.