Kyle Barnett Sep. 8, 2015, 5:43pm


GRETNA – A financial services company is suing a former employee it claims breached a non-compete clause by stealing client lists and targeting clients after he joined a similar firm.

Business Capital Risk Control Services LLC filed suit against Carlos Avila Martinez in the 24th Judicial District Court on July 9.

Business Capital Risk Control Services claims Martinez was first employed in September 2011 as a senior research analyst. The plaintiff alleges that on Sept. 19, 2011 and Aug. 10, 2012 the defendant signed non-compete and, nondisclosure and confidentially agreements disallowing him from soliciting customers and using proprietary information within 24 months after leaving employment. Business Capital Risk Control Services contends that after Martinez resigned from their company on May 20, 2015, he was hired to work for Financial Risk Management Inc. in a similar position for which he allegedly used price list secrets and solicited clients using stolen proprietary information.

The plaintiff asserts it recovered the plaintiff downloading confidential information in the weeks prior to his leaving the firm.

The defendant is accused of invasion of privacy, misrepresentation, breach of contract and violating his non-compete clause.

An unspecified amount in damages is sought for loss of income, damage to business permutation, loss of business reputation, inconvenience and attorney fees.

Business Capital Risk Control Services is represented by J. Douglas Sunseri of Metairie-based Nicaud & Sunseri Law Firm LLC.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 751-412.

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