April 28, 2004
Kelley Drye obtained a $7 million award for client Arch Personal Care Products (Arch PCP) in its litigation against the former President and co-owner of Brooks Industries. After a six-week trial, a jury in the U.S. District Court for the District of New Jersey found that the defendant had breached his non-compete obligations to Arch PCP through his participation in the business activities of Active Concepts, a company formed shortly after Arch’s acquisition of the Brooks business. The jury also found that certain asset transfers by the defendant to his wife violated New Jersey’s Fraudulent Transfer Act. The defendant was also found to have engaged in trademark infringement under the Lanham Act and the federal Computer Fraud and Abuse Act.