Plaintiff, a law firm, filed a lawsuit against a former attorney employee alleging violations of the Illinois Trade Secrets Act, conversion, breach of fiduciary duty, and spoliation of evidence. Defendant filed a counterclaim alleging abuse of process. The trial court dismissed the abuse of process claim finding that lawsuit was a proper use of process. The trial court also ruled against plaintiff’s claims for violations of the Act, breach of fiduciary duty, and spoliation of evidence. Plaintiff appealed and defendant cross-appealed. The appellate court affirmed the trial court judgments pertaining to the trade secrets, spoliation of evidence, and abuse of process claims but reversed the trial court's ruling on the breach of fiduciary duty count and remanded for a trial on the merits of the claim. (MIKVA and C.A. WALKER, concurring)
Illinois Appellate Court
Civil Court
Breach of Fiduciary Duty