This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.  Find out more here  Close
Courts deny Hilton’s request for dismissal
June 17 2010

U.S. District Court denies dismissal in Starwood v. Hilton case of corporate espionage, sites allegations are “facially plausible” and Starwood is entitled to offer evidence to support the claims.

NEW YORK—A judge denied a request from Hilton to dismiss the complaint filed by Starwood in the case of alleged misuse of proprietary information.

In response to a motion to dismiss filed 26 February 2010, U.S. District Court Judge Stephen C. Robinson said there was plausible reason to continue the legal action, according to the judge’s opinion documents filed yesterday.

What’s more, the judge offers commentary on the nature of the alleged theft of information, although this opinion is not a substitute for the trial process.

Starwood Hotels & Resorts Worldwide last April sued Hilton Worldwide and accused the hotelier along with former Starwood executives Ross Klein and Amar Lalvani, who were responsible for overseeing Hilton’s luxury and lifestyle brands and segments, of pilfering massive amounts of electronic files after being hired by Hilton in May and June 2008.

  • Read, "Feds ask to halt Starwood-Hilton espionage lawsuit."
  • Read, “Starwood-Hilton espionage case update.”
  • Read, “Starwood: Top Hilton execs knew about corporate espionage.”
  • Hilton had questioned the court’s federal jurisdiction in this case, but it was concluded this type of information breach would be included under the Computer Fraud and Abuse Act. 

    “… this is the case of the ‘corporate spy,’ a company employee who essentially perpetrates a fraud against the company by obtaining the employer’s information under false pretenses,” Robinson said in the document. “In this scenario, the employee has lawful access to the employer’s information—but has obtained this access through trickery and deceit.”

    Hilton issued a statement that emphasized no truth has been asserted by the judge’s conclusion.

    "Today’s decision by the Court is a procedural ruling that has no impact on the ultimate outcome of the case or what the plaintiff must prove if the case goes to trial. The Court’s decision draws no conclusion as to whether the plaintiff’s allegations are true, or if its allegations will be sufficient proof at trial. The ruling merely allows the case to move forward to the next phase.”

    The judge also provided further guidance on the terms of Klein’s separation agreement.

    Starwood’s complaints related to breach of confidentiality and non-disclosure provisions of Klein’s separation agreement with Starwood are exempted from arbitration, according to the court documents. The fraud claims against Klein will be sent to arbitration.

    COMMENTS   Show All
    Login or enter a name   Post Your Comment  Check to follow this thread via email alerts (must be logged in)
    (4000 characters max)

    Comments that include links or URLs will be removed to avoid instances of spam. Also, comments that include profanity, lewdness, personal attacks, solicitations or advertising, or other similarly inappropriate or offensive comments or material will be removed from the site. You are fully responsible for the content you post. The opinions expressed in comments do not necessarily reflect the opinions of Hotel News Now or its parent company, STR and its affiliated companies. Please report any violations to our editorial staff

    TRENDING
    How to get to No. 1 on TripAdvisor
    5 changes coming in hotel financial reporting
    Baha Mar’s setbacks point to larger issues
    5 trends in hotel F&B profitability
    5 performance trends in the top 25 US markets
    Group business is back but changing
    VIDEO
    HDC attendees discuss revenue strategies
    Hotel Data Conference: Day Two in review
    Hotel Data Conference: Day One in review
    NYU Investment Conference Recap
    Hunter Hotel Conference postgame wrap
    LATEST NEWS
    Hoteliers react to sharing-economy competition
    5 things to know: Alternative accommodations
    The impact of the sharing economy on hotels
    Top destinations crack down on Airbnb, others
    Airbnb is an old idea with a new tech twist
    An inside view of Airbnb in New York City
    Contact Us
    Hotel News Now
    18500 Lake Rd.
    Suite 310
    Rocky River, Ohio 44116
            
    Copyright © 2004 - 2014 Hotel News Now, a division of STR, Inc. All Rights Reserved.   Privacy