Sterling Payment Technologies v. Hudec

Summary

In this retail industry intellectual property litigation proceeding, plaintiff Sterling Payment Technologies alleged Ellen Hudec, its former executive and board member of taking confidential information and trade secrets to start a competing business, Platinum Merchant Services.

The jury found that Ms. Hudec did not breach her duty of loyalty, did not cause damages, and did not breach her contract. Instead, the jury awarded Ms. Hudec $300K in lost wages, plus additional shares of stock, based on Sterling's breach of contract.

The plaintiff was represented by attorneys Neal Sivyer and Ed Kuchinski. The defendant in this case, Ellen Hudec was represented by attorneys William Cassidy and John Johnson.

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Outcome

Hudec was found to not of breached her contract, cause damages, or breach her duty of loyalty
Hudec's Damages: $300,000 plus 15,000 fund units.
300.000

Case Information

Attorneys

Witnesses

Plaintiff: Sterling Payment Technologies
Defense: Hudec, Ellen

Judge: Richard Nielsen
Jurisdiction: 13th Judicial Circuit of Florida
Court: Edgecomb Courthouse

Case Number: 08-CA-024819
Industry: Retail
Practice Area: Commercial Law, Employment Law, Intellectual Property, Trade Secrets

Plaintiff

Sterling Payment Technologies

Represented By:
Sivyer, Neal (Sivyer Barlow & Watson, P.A)
Kuchinski, Ed (Sivyer Barlow & Watson, P.A)

Defense

Hudec, Ellen

Expert Witnesses

Sharp, Mr. Adam

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

AM Session

Not in Session

0 Chapters

PM Session

Openings

6 Chapters

OCT

AM Session

Plaintiff Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Johnson, John	Crane, Mr. John	In Person
00:24:45	Witness Cross Examination	Kuchinski, Ed	Crane, Mr. John	In Person
00:37:09	General Case Activities
00:39:30	Witness Cross Examination	Kuchinski, Ed	Crane, Mr. John	In Person
00:48:00	Witness Re-Direct Examination	Johnson, John	Crane, Mr. John	In Person
00:57:00	General Case Activities
00:59:10	General Case Activities
01:00:42	General Case Activities		Crane, Mr. John	In Person
01:03:14	Break
01:20:40	General Case Activities
01:23:00	Witness Direct Examination	Cassidy, William	Sharp, Mr. Adam	In Person
02:30:55	Witness Cross Examination	Cassidy, William	Sharp, Mr. Adam	In Person
02:56:10	End of Session

PM Session

Plaintiff Witness(es)

14 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Cross Examination	Kuchinski, Ed	Sharp, Mr. Adam	In Person
00:36:15	Witness Re-Direct Examination	Cassidy, William	Sharp, Mr. Adam	In Person
01:02:30	General Case Activities
01:07:50	Witness Re-Direct Examination	Cassidy, William	Sharp, Mr. Adam	In Person
01:11:33	General Case Activities
01:15:56	General Case Activities
01:18:25	General Case Activities		Sharp, Mr. Adam	In Person
01:27:33	Witness Re-Direct Examination	Cassidy, William	Sharp, Mr. Adam	In Person
01:28:23	Witness Re-Cross Examination	Kuchinski, Ed	Sharp, Mr. Adam	In Person
01:32:11	Break
01:43:33	Witness Direct Examination	Johnson, John	Damron, Mr. Wayne Jr.	In Person
02:19:30	Witness Cross Examination	Kuchinski, Ed	Damron, Mr. Wayne Jr.	In Person
03:26:40	General Case Activities
03:28:05	General Case Activities

OCT

AM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Cross Examination	Johnson, John	Damron, Mr. Wayne Jr.	In Person
00:01:25	Witness Re-Direct Examination	Kuchinski, Ed	Damron, Mr. Wayne Jr.	In Person
00:29:15	Witness Direct Examination	Cassidy, William	Hudec, Ms. Ellen	Transcript Reading
01:30:21	Break
01:51:29	Witness Direct Examination	Cassidy, William	Hudec, Ms. Ellen	Transcript Reading
02:00:40	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
02:15:03	General Case Activities
02:17:00	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
03:07:43	End of Session

PM Session

Plaintiff Witness(es)

23 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
00:43:00	General Case Activities
00:44:07	General Case Activities
00:46:25	Witness Direct Examination	Cassidy, William	McKee, Mr. Robert	In Person
00:50:35	Witness Cross Examination	Sivyer, Neal	McKee, Mr. Robert	In Person
00:54:19	Witness Re-Direct Examination	Cassidy, William	McKee, Mr. Robert	In Person
00:55:35	General Case Activities
00:57:35	Witness Direct Examination	Sivyer, Neal	McKee, Mr. Robert	In Person
01:08:53	Witness Cross Examination	Cassidy, William	McKee, Mr. Robert	In Person
01:09:08	General Case Activities
01:10:40	Witness Cross Examination	Cassidy, William	McKee, Mr. Robert	In Person
01:14:15	Witness Re-Direct Examination	Sivyer, Neal	McKee, Mr. Robert	In Person
01:14:45	General Case Activities
01:16:58	General Case Activities
01:17:40	General Case Activities		McKee, Mr. Robert	In Person
01:19:00	Break
01:34:34	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
01:37:59	General Case Activities
01:38:47	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
01:48:00	General Case Activities
01:52:20	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
02:52:55	General Case Activities
02:57:37	General Case Activities

OCT

AM Session

Plaintiff Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person
00:30:11	General Case Activities
00:36:45	Break
00:39:15	Witness Cross Examination	Kuchinski, Ed	Hunter, Mr. Paul	In Person
01:21:07	General Case Activities
01:50:26	Witness Cross Examination	Kuchinski, Ed	Hunter, Mr. Paul	In Person
03:05:05	General Case Activities
03:07:00	Witness Re-Direct Examination	Cassidy, William	Hunter, Mr. Paul	In Person

PM Session

Defense Witness(es)

11 Chapters

OCT

AM Session

Defense Witness(es)

9 Chapters

PM Session

Closings

22 Chapters

PM Session

Other

4 Chapters

OCT

AM Session

Verdict

4 Chapters

NOV

Recording Disclaimer: This proceeding was recorded in full.

Sterling Payment Technologies v. Hudec

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Attorney
00:00:00	General Case Activities
00:20:54	Break
01:20:55	Opening Statement	Johnson, John
01:54:10	Opening Statement	Kuchinski, Ed
02:20:00	General Case Activities
02:22:15	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:02:15	Witness Direct Examination	Kuchinski, Ed	Fiorella, Mr. Larry	Transcript Reading
00:34:00	Witness Direct Examination	Kuchinski, Ed	Hudec, Ms. Ellen	In Person
01:08:25	Break
01:24:05	Witness Direct Examination	Kuchinski, Ed	Hudec, Ms. Ellen	In Person
01:55:06	General Case Activities
01:57:48	Witness Direct Examination	Kuchinski, Ed	Hudec, Ms. Ellen	In Person
02:41:15	General Case Activities
02:41:50	General Case Activities

			Description	Attorney	Witness	Presence
		00:00:00	General Case Activities
		00:01:10	Break
		00:04:27	General Case Activities
		00:06:34	End of Session

			Description	Attorney	Witness	Presence
		00:00:00	Reading of the Verdict
		00:04:54	General Case Activities
		00:05:20	General Case Activities
		00:06:10	General Case Activities