Marsh Awarded Injunction Against Former Employees Now With Howden US

A federal judge this week granted Marsh its request to prohibit a group of employees who left for Howden US from using its confidential information, soliciting other former employees, and trying to acquire current and prospective Marsh clients.

An opinion and order out of U.S. District Court for the Southern District of New York concluded that Marsh “has demonstrated that it is likely to succeed on the merits of at least some of its claims” of breach of contract.

Last November, Marsh USA filed a lawsuit against seven former employees—Alfred Gronovius, Andrea Amodeo, Carlos Serio, Giovanni Perez, Janette Wilcox, Nathan Collins, and Richard Lennerth—and alleged a coordinated “scheme” to leave the broker, and steal trade secrets, confidential information, and clients. All senior employees in Marsh’s Florida zone, the group left for Howden US, the new U.S. retail broking business of Howden.

Related: Marsh Sues More Former Employees Over ‘Scheme’ to Open Howden US

Prior to this suit, Marsh filed a suit against Michael Parrish, who was named Howden US CEO, as well as Giselle Lugones, Robert Lynn, and Julie Layton. In that case, the court last September granted Marsh a preliminary injunction. Marsh provided proof that Lugones created a “playbook” to recruit Marsh employees, according to the most recent court documents.

In her Feb. 24 ruling, U.S. District Judge Jennifer L. Rochon said Marsh met its burden for an injunction, with the exception of prohibiting the group from servicing clients that had already moved from Marsh to Howden. The judge noted Marsh asked to have its property returned to it, but had not presented any evidence the defendants had any Marsh property.

Nevertheless, Rochen said “Marsh has shown that it will suffer irreparable harm absent its requested injunctive relief,” and “has shown that it is at risk of suffering irreparable harm from the solicitation of its employees and the solicitation and servicing of its clients.” Marsh presented evidence that Serio and Gronovius solicited clients after leaving the broker, and that Marsh clients and employees continue to move to Howden, the court ruled.

The court said Gronovius, Amodeo, Serio, Wilcox, and Collins are prohibited for 1 year from their Marsh resignation from soliciting Marsh employees or contacting Marsh employees with whom they obtained confidential information over the last two years.

Gronovius, Serio, and Perez are prohibited from soliciting or servicing Marsh clients for one year, and they are prohibited from clients from which they obtained confidential information over the last two years.

All defendants cannot use or disseminate any Marsh confidential information, and must return all such information within 21 days.

Howden declined to comment on the order.