Dear Ms. Desrochers:
This firm is litigation counsel to MPRM Communications (“MPRM”), the employer from which you abruptly resigned without notice while possessing and utilizing MPRM’s property. There are numerous issues that must be addressed to effect your termination and to ensure that you do not further harm MPRM’s business operations by your unlawful conduct.
You and at least 10 other employees of MPRM – all of whom were privy to trade secrets and other confidential, proprietary information – have joined or plan to join the staff at 42West and purport to be moving all of MPRM’s existing clients there. This purpose of this letter is to not only address the requirements for your departure from MPRM and return of its property, but also to put you on notice of the separate and individual liability you may face as a result of your receipt and subsequent use of trade secrets and other confidential information during your employment at MPRM and interference with MPRM’s contractual relations and economic advantage. We admonish you that you will be acting at your own peril if you continue to proceed in this manner. MPRM will pursue all available remedies against you individually – including, but not limited to, monetary damages and injunctive relief if your course of conduct continues.
At the outset, MPRM’s principal, Mark Pogachefsky, is extremely disappointed and, frankly, personally hurt, by your decision to abandon your employment with not even a day’s notice provided. Mr. Pogachefsky worked with many of you for decades and considered you to be his close friends and colleagues. That you would destroy the decades of trust and friendship by this maneuver to loot MPRM’s client list and business goodwill does not sit well with Mr. Pogachefsky. The number of players in this industry is small, and memories are long.
1. End of Employment Relationship and Return of MPRM Property
Initially, as is standard in the termination of an employment relationship, effective as of the date of your departure from employment, you may not return to MPRM’s premises without express permission, which will be communicated to you only if such circumstances should arise. Your departure from employment also means that you must immediately cease any and all work for, representation of, and involvement with MPRM, and refrain from taking any actions on behalf of MPRM (either expressly or impliedly) or from taking or using any MPRM funds, property, documents, data, or other assets or information, except as specifically authorized in this letter. This includes, but is not limited to, refraining from emailing, texting, calling or otherwise contacting any MPRM employees, consultants, vendors or clients using MPRM email addresses and/or other MPRM property. Additionally, you must return and/or provide the following items and information to MPRM:
1. All files, memoranda, documents, customer lists, and records of MPRM (including but not limited to trade secret information), as well as all copies of the foregoing;
2. All computers, computer equipment, and other electronic devices purchased with MPRM funds;
3. All MPRM credit cards;
4. All MPRM keys, key cards, and identification badges related to MPRM business;
5. All username and password information related to any MPRM accounts to which you have access, including but not limited to all MPRM bank accounts, email accounts, software, shared storage drives, social media accounts, and other related and/or similar accounts;
6. Any other MPRM property, documents, or information.
All of the listed items must be provided by 5:00 p.m. September 19, 2025; please inform us immediately if that timeframe will not be possible for any specific items. Any physical items or documents requested can either be mailed directly to MPRM, or else messengered to MPRM at a mutually agreeable date and time.
We caution you that any MPRM material that you fail to return and/or delete is done so without the permission of MPRM. Such misappropriation of materials is a violation of multiple California laws, including theft, intentional interference with contract and prospective economic advantage, conversion, unfair competition, violation of your duty of loyalty and potentially misappropriation of trade secrets. To the extent you utilized your MPRM and/or personal computer to engage in this misconduct, it may also be a violation of the Computer Fraud and Abuse Act, which would subject you to potential criminal prosecution.
2. Conduct Going Forward
The coordinated departure of this group, with no notice period provided, immediate hiring at competitor 42West, and attempts to port all of MPRM’s clients to 42West raises numerous legal issues of which you should be aware.
First, you owed to MPRM the fiduciary duty of loyalty. Any use of MPRM’s property, confidential or trade secret information and/or time for which you were being paid by MPRM to orchestrate this coordinated departure, persuade clients to move with you to 42West, negotiate or discuss the terms of your employment with 42West or simply disclose confidential information to 42West for your own material benefit constitute breaches of this duty and other law. You can be sure that MPRM is investigating this matter.
Second, MPRM has devoted substantial time and effort and millions of dollars into cultivating, fostering and maintaining relationships with its clients and developing confidential and proprietary strategies to address and service these clients’ individual issues and concerns. The MPRM Communications Handbook, of which you are an acknowledged recipient, requires that you maintain the confidentiality of all trade secrets, confidential and commercially sensitive information about the company and its operations. To the extent that you have used or intend to use these confidential proprietary trade secrets to either your or 42West’s benefit, this constitutes a violation of numerous California laws, including without limitation the Uniform Trade Secrets Act, California Business & Professions Code 17200 and potentially fraud and fraudulent concealment as well as the Racketeer Influenced and Corrupt Organizations Act.
Third, as you know, MPRM has ongoing contracts and economic relationships with its clients. Your, and potentially 42West’s, actions described above constitute wrongful conduct designed to and with the intended effect of interfering with and disrupting those contractual and economic relationships. This interference will cause severe damage to MPRM’s business.
Because MPRM intends to pursue any and all available remedies through litigation, if necessary, we must demand that you preserve all documents in accordance with the rules of discovery. This includes all electronic or physical documents regarding your work at MPRM, communications regarding your employment at 42West, communications with clients of MPRM regarding your employment at 42West and solicitation to move their business to 42West, coordination with other MPRM employees regarding your departure from MPRM, and other related matters, which includes electronic communications such as e-mail messages and attachments, text messages, voicemail messages, and instant messages. MPRM expressly reserves the right to take whatever action it deems appropriate to protect and enforce its rights with no further notice, including initiating litigation.
We urge you to exercise caution as you proceed. MPRM desires to part ways with you without any further disruption to its business, but will not hesitate to seek all available relief, both monetary and injunctive, if its rights have been violated. A copy of this correspondence is being provided to your new employer, 42West, so that they are likewise on notice with respect to the foregoing. Nothing set forth herein constitutes a waiver of any of my client’s rights, remedies, claims or defendants at law or in equity all of which are expressly reserved.
Very truly yours,
Devin A. McRae on behalf of EARLY SULLIVAN WRIGHT GIZER & MCRAE LLP