Court Decides for DCM in Lawsuit over Misappropriation of Trade Secrets

The California Superior Court in Santa Ana entered judgment on March 12, 2001, in favor of Direct Contact Marketing (DCM), exonerating its CEO, Darren Clevenger, and its sales manager, Dion Gutierrez, of allegations in a civil lawsuit filed by National Marketing Services in April of 1999.

National Marketing alleged that Gutierrez misappropriated certain of its trade secrets, including a customer list, for DCM’s use and benefit. Orange County Superior Court Judge Thierry Colaw and Retired Judge Robert Polis saw otherwise, ruling that neither Clevenger nor Gutierrez “at any time misappropriated or otherwise stole any portion of National Marketing’s master database (customer list) or client databases, in whole or in part.”

Counsel for DCM, Anthony Lanza, with Corbett & Steelman, stated that the “judgment is a vindication for Mr. Clevenger and Mr. Gutierrez, who have at all times maintained their innocence.” National Marketing appealed the ruling but the motion was dismissed on May 1.

DCM specializes in setting appointments and generating leads for commercial lines producers, agencies and carriers. Clients include AIG, CNA, The Hartford and GE Capital.