Boston Globe Loses Injunction Bid Vs. Former DM Employees

The Boston Globe earlier this week lost its bid to get a court order blocking a local printing firm from using information the newspaper’s Globe Direct subsidiary alleges former employees stole to start a competing marketing firm.

The decision by Middlesex Superior Court does not end the case, which is pending.

The Boston Globe sued Kirkwood Printing Co. and six former Globe Direct employees early last month alleging the ex-employees conspired to steal proprietary information to start Kirkwood Direct, a competitor to the newspaper’s DM subsidiary.

“We are gratified, but not surprised, by the court’s ruling,” said Kirkwood Direct’s president and general manager, Stephan Duncan, in a statement.

The Globe’s attorney, Mark Batten of Proskauer Rose LLP, said in an e-mailed statement: “While we were disappointed by the decision not to grant injunctive relief, it is also clear that the judge recognized that we presented substantial evidence of wrong-doing on the part of the defendants and that, if proven, the Globe could be successful in recovering damages.”

Globe Direct seeks unspecified damages.

Most of those named in the suit were long-term employees of Globe Direct, and several were senior managers, the Globe said in a release. “All of the individuals recently resigned and joined Kirkwood Printing Company to create a new direct marketing business, Kirkwood Direct LLC,” the company said.

The former Globe Direct employees named in the suit were: Stephen Duncan, the unit’s former vice president; Ralph Dellatto, former sales and marketing director; James Galante, a former senior account manager; Robert Medwar, former senior account manager for business services; Steven Kuczwara, former director of data processing/quality control; and Terry Guetti, a former customer service representative.