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A supply chain company with a Carmel office is seeking injunctive relief, claiming one of its former executives breached his contract by beginning employment with a competing company.
The lawsuit, filed Sept. 16 in the Indiana Commercial Court in Hamilton Superior Court, claims Eugene (Gene) Bornac, who became an interest holder with EnVista in November 2021, violated the company’s operating agreement upon resigning in June 2024.
Bornac held several high-level positions with EnVista, including senior vice president – retail, chief strategy officer, and senior vice president of Microsoft-managed services and retail services.
The company’s operating agreement states interest holders are prohibited from, among several standards, competing with EnVista in a restricted territory, disclosing EnVista’s confidential information, or soliciting EnVista’s employees or customers, according to the lawsuit.
The restrictions are in place while the interest holder is employed with the company and for two years after they’ve left it.
Within weeks of leaving EnVista, Bornac reportedly began working with Spinnaker Services, LLC as its Senior Vice President, Management Consulting – Retail.
At Spinnaker, Bornac reportedly solicited at least one of EnVista’s employees.
As an employee of Spinnaker, EnVista also believes Bornac already has or likely will use the company’s confidential information to benefit Spinnaker.
Both EnVista and Spinnaker provide the same services to the same types of customers and in the same geographic locations across the United States, according to the lawsuit.
Bornac remains an interest holder with EnVista and therefore is still eligible for all of the benefits granted to him in the company’s operating agreement and the incentive grant agreement that he signed when he became an interest holder.
EnVista is seeking injunctive relief.
It also asks that the court enters an order directing Bornac to refrain from competing against EnVista and soliciting any employee from the company.
The case is EnVista, LLC v. Gene Bornac, 29D02-2409-PL-010354.
Attorneys for Bornac did not immediately respond to the Indiana Lawyer’s request for comment before Monday’s deadline.
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