Wednesday, December 29, 2010

AtPac vs Nevada County - KNCO

The attorney representing Nevada County's former software company says the county has not provided all documents requested by U-S District Court Magistrate Judge Kimberly Mueller. Attorney Michael Thomas, representing AtPac Incorporated of Auburn, says the county and its current software provider, Aptitude Solutions, have not fully complied with that order.

“The documents we’ve received so far are not sufficient. We believe that the county and the defendants have not complied with the court’s order and that further documents need to be produced.”

Judge Mueller ordered 20-thousand dollars in sanctions against the county, County Clerk Recorder Gregory Diaz, software provider Aptitude Solutions and attorney Caroline Mankey, who represents the county. AtPac attorney Thomas says he believes the discovery documents he's received confirm the allegations in his complaint. Thomas says those documents show that the county provided Aptitude Solutions, a competitor of AtPac, with access to a computer server containing AtPac's trade secrets. Thomas says the document proves that access was authorized by the county clerk-recorder.

“That quote right there, which is their document, not ours is a contemporaneous document at the time, confirms that this account gave my client’s direct competitor, Aptitude, access to its source code on the server administrated by my client and that that was done per an instruction NCSP102, that’s Nevada County Security Policy 102, signed by Gregory Diaz.

Thomas says the released documents show that Aptitude Solutions accessed the computer server for multiple days at a time, to gain access to AtPac's trade secrets. KNCO left a message for Aptitude attorney Mankey late yesterday (Tuesday) morning; however we have yet to receive a return call.

A link to KNCO's story is here.

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