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Alleged betrayal of secrets brings swift response

April 2022 employment law letter
Authors: 
Michael P. Maslanka, UNT-Dallas College of Law

A recent lawsuit in San Antonio mixes all the elements of a potboiler novel: an executive lured to a competitor, trade secrets allegedly disclosed, lawsuits galore. The plot, however, is as old as time.

Staffing wars: one competitive business

I know that sounds like a fun cable series, but it’s serious business. Two companies, Maxim Healthcare Staffing Services and NuWest Group Holdings, are competitors in the staffing contracting market. Each provides medical personnel to hospitals, nursing homes, government agencies, and other medical and healthcare facilities. A flash point for competition in 2021: contracts with U.S. Immigration and Customs Enforcement (ICE).

Now let’s go back in time to 2017. Companies can do zero without the right people, and that’s where Thomas Mata came into the picture. Maxim hired him as a senior program manager in its strategic solutions division. When he was hired, he signed a noncompete agreement and a nondisclosure agreement. Oh, and guess what? He was put in charge of the ICE contracts and allegedly received Maxim trade secrets, including plans for how to obtain further ICE contracts.

In the summer of 2021, Mata applied for a promotion but didn’t get it. So, in the words of a famous country and western song, “He turned to a stranger just like a friend.” That’s right, he and NuWest got together to talk about employment. You can imagine what happened next.

Timeline ain’t looking good

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