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OPENRISK, LLC, v. MICROSTRATEGY SERVICES CORP.

No. 16-1852, No. 16-1906.

876 F.3d 518 (2017)

OPENRISK, LLC, Plaintiff-Appellant, v. MICROSTRATEGY SERVICES CORPORATION, Defendant-Appellee. OpenRisk, LLC, Plaintiff-Appellant, v. MicroStrategy Services Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2017.

Attorney(s) appearing for the Case

ARGUED: Francis Gilbert Gleason, Jr. , GLEASON & GLEASON, P.C., Ashland, Massachusetts, for Appellant. Mark Thomas Stancil , ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP, Washington, D.C., for Appellee. ON BRIEF: Kathryn S. Zecca , Donald Burke , Shai D. Bronshtein , ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Harris wrote the opinion, in which Judge Wynn and Judge Floyd joined.

In 2011, OpenRisk, LLC contracted with MicroStrategy Services Corporation to create a cloud environment that would host OpenRisk data and programming. But soon after, OpenRisk faced insolvency, and three of its principal officers resigned. At issue in this case is whether MicroStrategy wrongfully continued to provide...

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