No. 11-1201.

687 F.3d 199 (2012)

WEC CAROLINA ENERGY SOLUTIONS LLC, Plaintiff-Appellant, v. Willie MILLER, a/k/a Mike; Emily Kelley; Arc Energy Services Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2012.

Attorney(s) appearing for the Case

ARGUED: Kirsten Elena Small , Nexsen Pruet, LLC, Greenville, South Carolina, for Appellant. James William Bradford, Jr. , Jim Bradford Law Firm, LLC, York, South Carolina; Brian S. McCoy , McCoy Law Firm, LLC, Rock Hill, South Carolina, for Appellees. ON BRIEF: Mark Gordon , Anthony J. Basinski , Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Pittsburgh, Pennsylvania; Angus H. Macaulay , Nexsen Pruet, LLC, Greenville, South Carolina, for Appellant. Daniel H. Harshaw , Brice Law Firm, LLC, York, South Carolina, for Appellees.

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge SHEDD and Senior Judge HAMILTON joined.


FLOYD, Circuit Judge:

In April 2010, Mike Miller resigned from his position as Project Director for WEC Carolina Energy Solutions, Inc. (WEC). Twenty days later, he made a presentation to a potential WEC customer on behalf of WEC's competitor, Arc Energy Services, Inc. (Arc). The customer ultimately chose to do business with Arc. WEC contends that before resigning, Miller, acting at Arc's direction, downloaded WEC's proprietary information and used...

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