U.S. District Judge Matthew J. Maddox ruled that Think Tank, Inc. failed to prove its former officers misappropriated trade secrets or converted company property, finding no evidence that Harinder Bawa or former employee Michelle Rossi used confidential information stored on laptops they retained after leaving the company.
However, Maddox denied summary judgment on Think Tank’s claim that Bawa breached his fiduciary duty by encouraging the National Oceanic and Atmospheric Administration to steer lucrative 8(a) set-aside contracts to ITegrity, Inc., a company owned by Bawa’s cousin Tarandeep Bawa, for which Harinder Bawa began working full-time in August 2021.
Think Tank, a government contracting firm specializing in information technology, was founded in 1992 by CEO Anju Kaur and Harinder Bawa. The company grew significantly after Bawa left Oracle in 1998 to bring National Weather Service contracts to Think Tank.
Tensions rose during Kaur’s contentious divorce from Bawa, which began in 2018. In 2019, Kaur removed the board of directors and added herself to company bank accounts. That same year, Rossi resigned and immediately joined ITegrity, while Bawa remained as president until his termination on Dec. 31, 2021.
Think Tank alleged that Bawa and Rossi retained company laptops containing sensitive human resources and personnel data, and that Bawa used his “super admin” credentials to access and forward company emails after his termination.
Maddox rejected the trade secret claims under both the Maryland Uniform Trade Secrets Act and the federal Defend Trade Secrets Act, noting that Think Tank provided no evidence the defendants used the information or acquired it through improper means.
Rossi testified she never viewed or used the Think Tank information on her laptop and complied with a preservation letter, while Bawa testified he purchased his own laptop with personal funds before being fired.
“The uncontroverted testimony is that Rossi has done ‘nothing’ with the information other than comply with Think Tank’s preservation letter and discovery,” Maddox wrote. “She testified that she has never shared it with anyone, including ITegrity.”
The judge also dismissed conversion claims, ruling that Rossi received her laptop as a gift and Bawa owned his, meaning neither exercised unauthorized dominion over Think Tank’s property.
Claims for breach of contract and civil conspiracy were also dismissed, with the court finding Think Tank failed to respond to arguments regarding the existence of an employment contract with Rossi or evidence of an agreement between Bawa and ITegrity to breach fiduciary duties.
Wiretap and Stored Communications Act claims against Bawa survived summary judgment because a genuine dispute exists over whether he set up automatic email forwarding rules while retaining superuser access after termination. ITegrity was dismissed from these counts as there was no evidence it participated access.
Computer Fraud and Abuse Act claims were abandoned by Think Tank for failing to oppose summary judgment arguments.
The remaining fiduciary duty claim centers on Bawa’s role in shifting NOAA work to ITegrity. Think Tank alleges Bawa encouraged the agency to convert contracts to the 8(a) program to benefit ITegrity, which ultimately won contracts like the Radar Product Improvement award that had previously belonged to Think Tank.
Bawa testified he believed this strategy would allow Think Tank to retain subcontracting work, but the record shows Think Tank received no such work.
“A reasonable jury could find that Bawa engaged in conduct akin to ‘interference with an employer’s business opportunities’ or other ‘patently wrongful acts in derogation of the trust’ owed to Think Tank,” Maddox wrote.
Kaur, who owns 51% of Think Tank, has seen the company’s primary revenue source shrink to a single remaining contract, which she described as the company’s “bread and butter.”
The case proceeds to trial on the remaining fiduciary duty, wiretap, and stored communications claims.