Eclipse Gaming Systems, LLC v. Antonucci 17-cv-00196. Judge Virginia Kendall
Apr 20, 2019OUTCOME: Confidential
Eclipse Gaming Systems, LLC v. Anthony Antonucci (complaint). Digital Dynamics Software, Inc., et al., v. Eclipse Gaming Systems, LLC, Greg Drew, David Lawrence, Elite Games, LLC, and Accelerated Marke ... ting Solutions, LLC (countercomplaint). Federal Court – Northern District of Illinois, Case 17-cv-00196. Judge: Honorable Virginia M. Kendall. Eclipse Gaming Systems, LLC sued its former employee and current shareholder for alleged violations of the Computer Fraud and Abuse Act, 18 U.S.C. §1030 et seq.; violations of the Illinois Computer Crime Prevention Law, 720 ILCS 5/17-51; tortious interference with contractual relations; breach of fiduciary duty as an employee under Illinois and Georgia common law; breach of contract under Georgia common law; breach of fiduciary duty as a member of a limited liability company under Texas law; and conversion. The Plaintiff sought to recover Antonucci’s prior wages, monetary damages, and to take away or disgorge his 17.18% ownership interest in Eclipse Gaming Systems, LLC. Bryan R. Bagdady, Esq., on behalf of Anthony Antonucci and Digital Dynamics Software, Inc., filed a ten-count counter-complaint. Count One was a derivative action brought for the benefit of the members of the Eclipse Gaming entity against the Eclipse Gaming directors based upon breach of fiduciary duty. Other counts alleged violations of the Antonucci Employment Agreement; sought imposition of a TRO and imposition of a preliminary and permanent injunction; sought damages for copyright infringement; and sought damages for violation of the Digital Millenium Copyright Act, 17 U.S.C. §1201. The Eclipse Parties paid money to the Digital Dynamics Parties as part of a settlement agreement. The sums of money paid by the Eclipse Parties is confidential. Opposing Attorneys: Phillip Barengolts, Ashly I. Boesche, and Kristine A. Bergman of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, LLP; Suyash Agrawal, Paul Berks, and Constances Grieves of Massey & Gail LLP.
