FINRA Denies Request for Permanent Injunction in Case Alleging Source Code Theft

FKSA attorneys successfully defended three individuals against a request for a permanent injunction sought by their former employer, UBS Securities LLC. UBS sued the individuals in state court after they resigned their employment with UBS's Algorithmic Trading Group to go to work for Jefferies & Co., Inc. UBS alleged that the individuals had misappropriated UBS computer source code for the benefit of Jefferies, and asserted that injunctive relief was necessary to prevent irreparable competitive harm to UBS. The individuals denied any wrongdoing, and commenced an arbitration before the Financial Industry Regulatory Authority (FINRA). Thereafter, the state court action was stayed, and the question of whether a permanent injunction should be issued against the individuals (prohibiting them from using or disclosing UBS source code or other trade secrets) was placed before a FINRA arbitration panel. On December 30, 2009, after four days of hearings, the FINRA arbitration panel denied UBS's request for a permanent injunction.

FKSA attorneys Eric Seiler, Lance J. Gotko, and John C. Lin represented defendants Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar.

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