Foley Hoag Secures $5M+ Award for BioPoint in Trade Secret Misappropriation and Unfair Competition Suit
May 02, 2023
A Foley Hoag LLP litigation team secured a significant monetary award for its client BioPoint, Inc. against Catapult Solutions Group and Andrew Dickhaut.
Previously the firm won a jury trial on behalf of its client, BioPoint, a life sciences consulting firm that recruits consultants for pharmaceutical and medical device companies. The jury found that Defendants Catapult and Dickhaut misappropriated BioPoint’s trade secrets and interfered with its business efforts, and awarded BioPoint $312,000 in lost profits. Thereafter, the U.S. District Court for the District of Massachusetts held a bench trial to consider the remaining non-jury claims and remedies. The District Court has now given BioPoint a judgment on all of its claims, and ordered Defendants to pay BioPoint more than $5 million in damages for using its trade secrets to build a competing life sciences consulting business.
The Court found that Attis “repeatedly disclosed BioPoint’s pricing information, candidate information and internally marked-up client agreements to Dickhaut....Catapult’s entire relationship with [its client], Vedanta was enabled and sustained using BioPoint’s information.”
Finding that Defendants engaged in “unfair and deceptive” conduct, the Court disgorged Catapult’s profits from its Vedanta account worth over $1 million. The total award was also trebled, along with an attorneys’ award fee, based on a finding that Defendants acted willfully.
This decision recognizes the immense time and investment that BioPoint has put into building its life sciences consulting business. The Court has confirmed that it is not only illegal to use a competitor’s trade secrets to get a head start, but that the remedy for doing so will be full disgorgement of profits earned as a result of the wrongful conduct.
The Foley Hoag team representing BioPoint included Allison Anderson, Jim Bucking, Rachel Kerner, Madeleine Rodriguez, Mark Finsterwald, Daniel Zaleznik, Nicholas Bergara, Howie Weiss, Marissa Mugan and Carla Nigro.
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