WAREHOUSE SOLUTIONS, INC., Plaintiff-Counter Defendant-Appellant, v. INTEGRATED LOGISTICS, LLC
Jul 07, 2014OUTCOME:
Warehouse Solutions, Inc. v. Integrated Logistics, LLC, Slip Copy (2014) 2014 WL 12647878 Only the Westlaw citation is currently available. United States District Court, N.D. Georgia, Atlanta Di ... vision. Warehouse Solutions, Inc., Plaintiff, v. Integrated Logistics, LLC et al., Defendants/Third-Party Plaintiffs, v. Aaron Scott Langley, Third-Party Defendant. CIVIL ACTION NO. 1:11-CV-02061-RLV | Signed 07/07/2014 Attorneys and Law Firms In this action, the plaintiff, Warehouse Solutions, Inc. (“Warehouse Solutions”), brings several claims related to the alleged misappropriation of software it developed. In 1998, the owner of Warehouse Solutions, Joseph Lebovich, developed Intelligent Audit, a web-based program that interfaces with UPS and FedEX tracking systems to assist companies in tracking and collecting funds for late or missing packages. To assist in selling Intelligent Audit, Lebovich hired Scott Langley and Langley's company, nSite. In exchange for his services, Langley received a 20% interest in the software. In 2002, Langley demonstrated the Intelligent Audit program to defendant Integrated Logistics, LLC (“Integrated Logistics”), a company also in the business of providing software to end-users for tracking packages. Integrated Logistics and Langley entered into an agreement whereby Langley would work for Integrated Logistics. 1 Integrated Logistics began reselling Intelligent Audit to its customers under the name “ShipLink.” As a reseller, Integrated Logistics paid Warehouse Solutions a penny and a half per transaction processed using the software. There was never a written agreement between Integrated Logistics and Warehouse Solutions. Integrated Logistics and Langley, however, did execute a written contract. Over the course of the parties' business relationship, Integrated Logistics helped develop and improve the Intelligent Audit system. Defendant Michael Heyden previously worked with UPS and had specific knowledge about UPS's billing, which was unavailable to the public. Integrated Logistics used this knowledge to help develop the e-bill portion of Intelligent Audit. 2. Access to Intelligent Audit Intelligent Audit is a password protected web-based program. To log into the program, a user must have an authorized identification and password. As a reseller of the software, Integrated Logistics “actively managed” its accounts and was authorized to establish and distribute user identifications and passwords to its customers. Moreover, Integrated Logistics had the ability to designate a user as a “manager” and give that person the ability to add other users. Amanda Hyland, Seth Kincaid Trimble, Todd Edward Jones, Taylor English Duma LLP, Atlanta, GA, Nicholas R. Perrella, Law Offices of Nicholas R. Perrella, West New York, NJ, for Plaintiff/Third-Party Defendant. Carey E. Olson, J. Marshall ‘Buzz‘ Wehunt, Angela H. Smith, Alexander T. Galloway, III, Moore Ingram Johnson & Steele, LLP, Marietta, GA, for Defendants/ Third-Party Plaintiffs. Read in full: http://wehunttriallaw.3a-dev.com/2017/09/19/warehouse-solutions/
