Zensights Moves For Partial Summary Judgment Based on TGaS Advisors, LLC's Admissions of Failure to Adhere to Non-Disclosure Agreement

PHILADELPHIA--()--On August 10, 2016, Zensights LLC moved the United States District Court for the Eastern District of Pennsylvania for an order granting Zensights partial summary judgment after the Court, based on a multi-day hearing, made findings of fact that TGaS Advisors, LLC was in “material breach” of a non-disclosure agreement it entered into with Zensights.

“Based on the evidence presented at the hearing, the Court found that TGaS did breach the non-disclosure agreement.”

TGaS’s chairman, Stephen Gerard, admitted both in sworn courtroom testimony and in sworn deposition testimony (available at http://zensights.com/news/) that TGaS had not adhered to its non-disclosure agreement with Zensights when, in violation of the stated contractual purpose of the NDA, TGaS improperly disclosed confidential information that Zensights had provided under the agreement. The details of the breach include that, with the NDA in place, Shahir Kassam-Adams, Board Member at TGaS, received Zensights’ confidential information and forwarded it to his private Gmail account, then forwarded it from that Gmail account to the private Gmail account of Tim Wohlgemut, Senior Vice President at TGaS. At that time, Mr. Wohlgemut was responsible for efforts to develop a vendor product to compete against the Zensights Vendor Analysis Tool that Zensights was and is offering to its BioPharma clients. Months later, Mr. Wohlgemut forwarded Zensights’ confidential information to the private Gmail account of his TGaS colleague, Jason LaBonte, Vice President of New Product Development, who was charged with commercializing the vendor product that would compete against Zensights.

With these facts and the admissions by Mr. Gerard a matter of record, along with numerous additional acknowledgements of TGaS’s failure to adhere to the agreement by other senior TGaS officers, the Court issued on August 2, 2016 written findings of fact holding that TGaS had committed a material breach of the non-disclosure agreement. According to the Court: “Based on the evidence presented at the hearing, the Court found that TGaS did breach the non-disclosure agreement.” The Court further found that “TGaS’s breach was material.”

The Court’s opinion directly contradicts a press release issued by TGaS the day after the Court’s opinion was released. In direct contravention of the Court’s finding of “material breach” of the NDA by TGaS, Mr. Gerard claimed that TGaS received an “across-the-board ruling in our favor.” Notwithstanding Mr. Gerard’s contention that “TGaS has always operated at the highest levels of confidentiality and ethical behavior,” the Court’s findings and the record admissions of TGaS’s failure to adhere to the agreement due to the improper disclosure of confidential information are now a matter of public record.

Zensights’ motion moves for entry of partial summary judgment in light of TGaS’s admissions on the record. Zensights alleges in related legal filings that TGaS feigned interest in a potential acquisition of Zensights in order to obtain the company's trade secrets and confidential information.

Zensights is represented by Anthony L. Gallia and Luke P. McLoughlin of Duane Morris LLP.

About Zensights

Zensights is a pharmaceutical vendor management company focused on making the currently complex world of vendor selection easier for the BioPharma manufacturer. Zensights' signature Vendor Analysis Tool analyzes, aggregates, and provides an overall market assessment of the capabilities of third-party vendors that service the bio-tech, pharmaceutical, and life sciences industries. The proprietary tool is populated with key decision maker and budget holder feedback to easily and strategically orchestrate RFP and RFI from the highest-rated vendors servicing the BioPharma Industry.

About Duane Morris LLP

Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 750 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries.


Duane Morris LLP
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