Practices
Related Practices
Horvitz & Levy LLP obtained a successful result for its client in this complex bet-the-company litigation between competing LSAT preparation companies. Plaintiff Robin Singh Educational Services, Inc., dba TestMasters, claimed that its former employees breached contractual and equitable duties when they established a competing LSAT test preparation business. TestMasters sought a permanent injunction to prevent the individual defendants and their new company, Blueprint Test Preparation, LLC, from ever competing in that market. TestMasters tried to prove that Blueprint used TestMasters’ confidential information to create Blueprint’s course materials, causing over $18 million in damages. The jury awarded modest damages of $246,000 and the trial court determined that the Blueprint course was completely original and denied TestMasters’ demand for a permanent injunction. TestMasters appealed, seeking a new trial in which it could recover substantially more damages and a permanent injunction. Blueprint retained Horvitz & Levy LLP to respond to the appeal. The Court of Appeal (Second District, Division Seven) affirmed most of the judgment based on the jury’s verdict, but reversed with directions the $45,000 judgment on TestMasters’ defamation claims. The Court of Appeal also affirmed the denial of a permanent injunction, and rejected TestMasters’ bid for a new trial. Certain pre-trial sanctions were also affirmed.