CONTOUR DATA SOLUTIONS LLC v. GRIDFORCE ENERGY MANAGEMENT LLC et al

On November 24, 2021, Contour Data Solutions LLC (“Contour” or “Plaintiff”), represented by M. Kelly Tillery of Troutman Pepper Hamilton Sanders LLP, filed a lawsuit against Gridforce Energy Management LLC (“Gridforce”), NAES Corporation (“NAES”), CDW Corporation and CDW Direct, LLC (collectively, “CDW”), John and Jane Does 1-5 (“Doe Defendants”), and ABC COs. 1-5 (“ABC Defendants”) (collectively, “Defendants”), seeking injunctive relief along with damages, disgorgement of gains, costs and attorney’s fees for allegedly causing damage to Contour, including but not limited to, theft of the Contour-created IT System and its Confidential Information and Trade Secrets. This case was filed in U.S. District Court in the Eastern District of Pennsylvania. 

In the complaint, the Plaintiff alleged that, “Contour’s Confidential Information and Trade Secrets were maintained in Contour’s computer system and servers. Contour maintained and secured their computer systems and servers by reasonable means. Gridforce was not authorized to enter Contour’s protected computers, computer networks, and computer systems during the “lift and shift” because it never submitted a required formal change request to contour, which was required under the MMSA. (“Original Action” (Dkt. 163) at ¶ 46). Thus, Gridforce nor NAES had no authority to grant CDW access to Contour’s protected computers, computer networks, and computer systems. Defendants agreed to access Contour’s computer systems and servers without Contour’s knowledge or authorization, causing loss.”

The Plaintiff further alleged that, “Defendants intentionally accessed without authorization or intentionally exceeded authorization to access facilities through which an electronic communications services was provided and thereby obtained unauthorized access to Contour’s stored electronic communications while in electronic storage – i.e., when Defendants accessed Contour’s computer systems and servers without Contour’s authorization to “lift and shift” the Contour created IT System and Confidential Information and Trade Secrets.” 

The Plaintiff listed out three claims for relief. The first claim alleged is for violation of the Federal Computer Fraud and Abuse Act. The second claim allege is for violation of the Federal Stored Communications Act, and the third claim alleged is for violation of the Texas Harmful Access by a Computer Act. The Plaintiff also claimed that Defendants knowingly accessed Contour’s protected computers, computer networks, and computer systems without effective consent. Plaintiff alleged that this knowing access without effective consent includes, CDW – at the direction of Gridforce and NAES – knowingly accessing, from its offices in Texas, Contour’s computer systems and servers, based in Utah and Pennsylvania, without Contour’s consent. Upon gaining unauthorized access, CDW – at the direction of Gridforce and NAES – “lifted and shifted” Contour’s Confidential Information and Trade Secrets also without consent.

In their prayer for relief, the Plaintiff requested the Court to preliminarily and permanently enjoin Defendants from misappropriating, using, and/or disclosing Contour’s Confidential Information and Trade Secrets and to return to Contour any and all information, documents, software, materials, work product, or equipment provided to it by Contour or taken by it from Contour, or relating to Contour, whether in printed or electronic form or otherwise. The Plaintiff further requested the Court for an accounting and disgorgement of all profits earned by Gridforce while using Contour’s Trade Secrets and Confidential Information, along with compensatory and punitive damages, attorneys’ fees, costs and such other relief the Court may deem just and appropriate.

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