Capability Grp., Inc. v. Am. Express Travel Related Svcs. Co., Inc., No. 10-2432 (1st Cir. 2011)
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A company that provides employee training filed suit against a client, claiming breach of contract based both on alleged failure to pay a gain sharing fee and breach of confidentiality provisions.It sought an accounting for disclosures or uses of its materials inconsistent with the copyright license provided by the agreement. The court granted summary judgment for the client. The First Circuit affirmed, finding that the training company did not support its figures with respect to the fee or the breach of confidentiality.
The court issued a subsequent related opinion or order on September 16, 2011.
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