Final week, a lawsuit in opposition to Clean Rome Finance accomplice James Cretella was filed by his former agency, Otterbourg P.C., for breach of contract, breach of fiduciary obligation, fraudulent concealment, and unjust enrichment. The allegations within the swimsuit are a curler coaster experience that swings between the banal and sensational. For instance, Otterbourg alleges Cretella didn’t disclose his impending departure till after he’d collected a seven-figure bonus and that he solicited purchasers to hitch him at his new agency. From the criticism: “He accepted [the bonus] figuring out full effectively he was leaving and that he had perpetuated a scheme to attempt to hobble the Agency and bolster a competitor whereas conspiring with one other exiting accomplice and concealing materials info that will have modified the Board’s resolution to offer him a bonus.”
That are fascinating, if considerably anticipated, allegations following a accomplice’s lateral transfer. This stuff don’t sometimes come to litigation, however they’re actually identified ache factors. However then there are the escort allegations.
In accordance with the criticism, Cretella met up with an escort and different girls whereas touring on agency enterprise. Throughout a forensic examination of Cretella’s firm-issued and firm-paid telephone, IT was revealed that he allegedly engaged in “extremely inappropriate and probably illegal private conduct that Cretella engaged in throughout Agency-funded journey,” that included texts messages with an “upscale dominatrix” often known as “Goddess Kat.”
Then there’s the cyberstalking allegations. There’s a separate federal suit within the U.S. District Courtroom for the District of Connecticut by Otterbourg’s chairman, Richard L. Stehl, and its president, Richard G. Haddad, over these claims, and Cretella has filed a movement to dismiss. The Otterbourg agency leaders allege Cretella engaged in repeated “unauthorized surveillance” of their private lives. As reported by Regulation.com:
“Forensic proof reveals that over a interval of years, Cretella repeatedly accessed non-public, non-client information belonging to each males with out their permission or professional objective,” the newest swimsuit states. “These weren’t stray clicks or unintentional views. The info reveals tons of of deliberate intrusions – usually at nighttime – concentrating on information that … had nothing to do with agency enterprise.”
A few of this delicate Information allegedly included house safety system codes and login credentials for stay digicam feeds inside and outdoors the Stehl household residence, private tax returns and Social Safety password information, privileged authorized communications regarding “deeply private household issues,” together with divorce proceedings and custody preparations involving grandchildren, confidential medical data, non-public monetary statements, in addition to “intimate private particulars,” together with kids’s employment paperwork and residential renovation plans.
Now these are extra lurid allegations.
However in Cretella’s movement to dismiss the federal motion, he alleges the private Information was saved on the agency’s pc system and accessed via a preview operate after performing searches. “Though plaintiffs attempt to disguise behind irrelevant allegations about how Otterbourg’s pc system was supposed to function, the criticism confirms a easy reality deadly to plaintiffs’ standing: Utilizing firm-provided credentials, Cretella and different attorneys searched the agency’s pc community and seen the outcomes of these searches, which allegedly included information plaintiffs saved to the firm-wide community. The one believable conclusion is that plaintiffs didn’t take any measures to forestall their information from being accessed via routine, firmwide community searches.”
Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the perfect, so please join together with her. Be at liberty to e mail her with any ideas, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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