Allegations Against Latham Fully Pled, Company Argues

, The Legal Intelligencer

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Mattern asked Latham to review the law firm's requests for proposals sent to various service providers to determine whether Mattern's confidential information was in fact used. According to Mattern's filings, Latham declined and Mattern filed a writ of summons against the firm in the Philadelphia Court of Common Pleas on Dec. 14, 2012. A complaint was filed in October 2013.

During the almost year between the filing of the writ and the complaint, the parties attempted to engage in pre-complaint discovery. According to Mattern's court filings, Latham refused to provide Mattern with any documents. Latham said in its court filings that it objected to the requests without knowing more about what the suit entailed. Mattern was seeking documents related to Mattern's proposal, any conversations Latham had with potential vendors regarding outsourcing support services, RFPs issued to vendors for support services and the responses to those RFPs, and documents between Latham and CMS regarding outsourcing Latham's support services, according to court papers.

After the Philadelphia trial court compelled pre-complaint discovery, Latham & Watkins provided more than 5,000 pages of documents, including RFPs, the firm said in its motion to dismiss.

Mattern is suing Latham for breach of contract, misappropriation and conversion of trade secrets, unjust enrichment and an accounting of what benefit Latham has received from allegedly using Mattern's confidential information. Mattern is asking the court to order Latham to return all of Mattern's documents and disgorge any savings it has or will receive from allegedly using the confidential information. The company is also seeking other unspecified damages as a result of the alleged activity, according to the complaint.

Nicholas Poduslenko and H. David Seidman of Obermayer Rebmann Maxwell & Hippel represent Mattern. Samantha Southall and Jack Stover of Buchanan Ingersoll & Rooney are outside counsel for Latham & Watkins. A request for comment from Poduslenko and a Latham spokeswoman were not returned.

Gina Passarella can be contacted at 215-557-2494 or at gpassarella@alm.com. Follow her on Twitter @GPassarellaTLI.

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