Starwood Sues Hilton and Two Former Starwood Executives for Corporate Espionage, Theft of Trade Secrets, Unfair Competition
100,000 Files Looted From Starwood Computers By Ross Klein, Amar Lalvani And Other Former Starwood Employees Now At Hilton Include Proprietary Strategic Plans, Confidential Deal Terms, Step-By-Step Playbooks For Creating Lifestyle And Luxury Brands
Kenneth Siegel, Starwood’s Chief Administrative Officer and General Counsel, said: “Starwood seeks to avoid litigation, but the egregiousness of the conduct and the volume of highly confidential documents taken left us no choice but to take this strong action to protect our brands and intellectual property for the benefit of our investors, associates, owners and customers. The wholesale looting of proprietary Starwood information, including a step-by-step playbook for creating a lifestyle luxury hotel brand, unfairly enabled Hilton to launch a new brand in only nine months instead of the usual three to five years.”
Siegel continued: “Over the past 10 years, we’ve invested an enormous amount of time and tens of millions of dollars to create and develop our W® brand. The result of these efforts is a clear leadership position in the lifestyle luxury category with 29 W® hotels operating and more than 20 opening around the world in the next three years. As a market leader, we expect and welcome fair competition because it keeps us focused on innovation and delivering an ever-better experience to our consumers. This, however, is a blatant case of theft of trade secrets, computer fraud and unfair competition.”
In November 2008, Starwood initiated arbitration with Klein over the non-solicitation provisions in his employment contract and separation agreement, and put Hilton on notice to preserve relevant information. Three months later, and just days before Hilton announced the launch of its new lifestyle brand, Starwood received from Hilton eight large boxes of hard copy documents as well as computer hard drives, zip drives, and thumb drives containing more than 100,000 electronic files downloaded from Starwood computers, much of it highly proprietary. It was at this point that Starwood first became aware of the theft.
In delivering this mountain of confidential material to Starwood, Hilton informed Starwood that Klein and “other Hilton employees who formerly worked for Starwood” had “brought to Hilton documents or materials that they developed or acquired while they worked for Starwood.” Hilton also told Starwood that former employees had additional Starwood materials “at home.”
The materials taken by Klein and Lalvani and others working in concert with them are among Starwood’s most competitively sensitive information, including but not limited to:
- Forward-looking strategic development plans and confidential financial information on Starwood’s lifestyle and luxury brands;
- Proprietary current and prospective negotiation strategies with owners and non-public contact information for owners, developers and designers of its lifestyle and luxury brands;
- Step-by-step details on how to convert a hotel property to a lifestyle luxury hotel, including training materials, operational materials, marketing and promotional strategies, brand handbooks, proprietary design details and other signature elements; and
- Marketing and demographic studies for which Starwood paid substantial sums to third parties.
Starwood is seeking preliminary and permanent injunctive relief and compensatory and punitive damages from Hilton, Klein and Lalvani. The lawsuit seeks a court order enjoining Hilton from using or benefiting from Starwood’s confidential information, requiring Hilton and the individual defendants immediately to return all Starwood confidential information, and requiring Hilton and the individual defendants to certify the destruction of all materials derived in any way from Starwood confidential information, including plans for the promotion and roll-out of Hilton’s Denizen brand. Starwood is also requesting that Hilton be ordered to provide a detailed accounting of all revenues and expense savings derived from the use of the Starwood confidential information and other appropriate relief.
For a copy of the complaint, please email Stephanie Pillersdorf (email@example.com) or Carrie Bloom (firstname.lastname@example.org).
About Starwood Hotels & Resorts Worldwide, Inc.
Starwood Hotels & Resorts Worldwide, Inc. is one of the leading hotel and leisure companies in the world with more than 940 properties in approximately 97 countries and 145,000 employees at its owned and managed properties. Starwood Hotels is a fully integrated owner, operator and franchisor of hotels, resorts and residences with the following internationally renowned brands: St. Regis®, The Luxury Collection®, W®, Westin®, Le Méridien®, Sheraton®, Four Points® by Sheraton, and the recently launched Aloft®, and Element SM. Starwood Hotels also owns Starwood Vacation Ownership, Inc., one of the premier developers and operators of high quality vacation interval ownership resorts. For more information, please visit .
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