Gray·Duffy Prevents Proprietary Information from Being Utilized Without Permission

March 2011

Overview

Rene Faucher of Gray·Duffy’s Encino office persuaded a physician client’s competitor to cease and desist in the use of proprietary patient and friend lists for marketing purposes.

Discussion

Frank H. Ryan, M.D., Inc. v. Gary Motykie, M.D.

Dr. Motykie, a plastic surgeon and competitor of Dr. Frank Ryan, hired an ex employee of Dr. Ryan’s following Dr. Ryan’s death. This physician apparently utilized two lists obtained by the ex employee of Dr. Ryan’s patients and friends for the purpose of sending emails to market Dr. Motykie’s medical practice. At the “suggestion” of Mr. Faucher, Dr. Motykie agreed to cease all of his marketing efforts related to the improperly obtained information.

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