Former Time Warner Cable software installation vendor's non-compete case gets tossed

A federal judge in Pennsylvania has tossed a lawsuit filed by a jilted Pennsylvania technology company, which claimed its subcontractors were improperly poached when Time Warner Cable (NYSE: TWC) opted to switch its business to an offshore vendor. 

In May 2013, TWC decided to switch its contract for installation of the client relationship management tool Salesforce from Pennsylvania-based Acclaim Systems to Infosys Ltd. in India. After that move, four of Acclaim's subcontractors left to join Infosys. 

Acclaim then sued Infosys, alleging "tortuous interference," aiding and abetting breach of contract and civil conspiracy, among other allegations. 

U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania ruled earlier this month, however, that Pennsylvania law does not recognize the tort of aiding and abetting a breach of contract.

Pratter further ruled that the tortious interference claim require Acclaim to prove Infosys acted with intent. The judge said Infosys took the necessary steps to cover itself by asking the four subcontracted workers if they had non-competes. 

"Indeed, Acclaim does not dispute that its own president, Kailash Kalantri, testified that he has accepted as true the same types of personal representations made to him by subcontractors and potential employees," Pratter said.

Notably, TWC took its Salesforce installation work inhouse in November 2013. The MSO still works with both Acclaim and Infosys, however. 

For more:
- read this Legal Intelligencer story

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