Preferred Systems Solutions, Inc. v. GP Consulting, LLC

A list of confidential information, which fails to explain which items are trade secrets or how that information was misappropriated, is insufficient to support a claim of misappropriation of a trade secret.

Opinion (Millette, Jr.): Preferred Systems Solutions, Inc. (PSS), an information technology contractor, subcontracted with GP Consulting, LLC (GP) to provide programming services. PSS was one of ten contractors working on a large programming project. After giving the requisite two weeks’ notice, GP terminated its contract with PSS, and shortly after began working for Accenture, another one of the ten contractors working on the large programming project. PSS filed a complaint against GP in circuit court, alleging misappropriation of trade secret, which that court dismissed. PSS appealed, arguing that its complaint sufficiently alleged the elements of a trade secret claim. The court found that the complaint provided a laundry list of confidential items, but did not provide which items were trade secrets or the improper means used to acquire and misappropriate them. Therefore, the court AFFIRMED the circuit court’s dismissal of PSS’ trade secret claim.