Integrated Direct Mktg. Inc. v. May

Drew May worked for Integrated Direct Marketing, LLC (IDM) as an executive vice president until his termination. May later began working for Merkle, Inc., a competitor of IDM. IDM filed a complaint against May and Markle alleging breach of contract and conversion, among other claims. The federal district court granted summary judgment for Defendants on all claims except conversion. The court then certified to the Supreme Court the question whether, under Arkansas’s tort of conversion, intangible property such as electronic data, standing alone and not deemed a trade secret, can be converted. The Supreme Court answered the question in the affirmative, holding that, under Arkansas law, intangible property such as electronic data, standing alone and not deemed a trade secret, can be converted “if the actions of the defendant are in denial of or inconsistent with the rights of the owner or person entitled to possession.” View "Integrated Direct Mktg. Inc. v. May" on Justia Law