EarthCam, Inc. v. Oxblue Corp.

2013 WL 11904713 (2013)

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EarthCam, Inc. v. Oxblue Corp.

United States District Court for the Northern District of Georgia
2013 WL 11904713 (2013)

Facts

EarthCam, Inc. (plaintiff), headquartered in New Jersey, developed remote-camera technology. One of its competitors, OxBlue Corporation (defendant), headquartered in Georgia, engaged in significant efforts to steal EarthCam’s technology. As part of its efforts, OxBlue requested that an EarthCam employee, Richard Hermann (defendant), send OxBlue EarthCam confidential information, intellectual property, and trade secrets. Hermann, a New Jersey resident, worked for EarthCam entirely within New Jersey. Hermann had an employment contract with EarthCam that contained noncompetition and nonsolicitation clauses as well as a choice-of-law clause selecting New Jersey law. After leaving EarthCam, Hermann began working for OxBlue, soliciting EarthCam’s customers. EarthCam filed suit against OxBlue and Hermann in federal district court in Georgia. EarthCam’s claim against Hermann was breach of contract. Under Georgia law, Hermann’s employment contract was unenforceable, but under New Jersey law, the contract was possibly enforceable. Hermann moved to dismiss, arguing that Georgia law applied. EarthCam argued that the application of Georgia law would violate its due-process rights.

Rule of Law

Issue

Holding and Reasoning (Duffey, J.)

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