Rosenberg, Minc & Armstrong v. Mallilo & Grossman

In Rosenberg, Minc & Armstrong v. Mallilo & Grossman, 8 Misc 3d 394, 798 NYS2d 322 (Sup Ct, NY 2005), the plaintiff law firm sued its former associate and law firm that employed the former associate for unjust enrichment, tortious and interference, with prospective business and misappropriation. The jury awarded a verdict in favor of the plaintiff for compensatory and punitive damages. The court in Rosenberg, Minc & Armstrong held that the names of potential clients who called the plaintiff was confidential information. The acts by the plaintiff's former associate in wrongfully obtaining access to the plaintiff's potential clients by surreptitiously retrieving messages left by those potential clients with plaintiff's answering service was a basis for the misappropriation finding. The court also concluded that the defendant's former associate was acting with the scope of his employment with defendant's law firm.