Case study: Famous musician
In 1999, a famous music industry personality was charged with very serious felonies stemming from a shooting incident that took place in a popular New York City nightclub. He reached out to BDA as soon as he could make a phone call.
BDA’s Chief Investigator responded to the Midtown South Precinct in the early morning hours and began an investigation immediately on behalf of the client. For the next year BDA investigators interviewed dozens of witnesses, processed the crime scene, canvassed city streets, and examined evidence. Investigative reports based on our findings were carefully prepared and provided to the highly skilled criminal defense team. BDA’s Chief Investigator testified for two days at the highly publicized trial.
Ultimately the jury acquitted the client of all charges.
Case study: Soda manufacturer
BDA was retained by one of the world’s largest soft drink manufacturers to investigate a case of Trade mark infringement and theft of company property from their Fountain Division.
During that time, fountain soda was dispensed from under the counter of a luncheonette or pizza shop. The product was usually stored under the counter in five-gallon stainless steel containers which were referred to as Fi-gals. The company logo was embossed on the side of each container. When the container was empty of syrup it was shipped back to the company plant where the container was taken apart, sterilized, refilled and then resealed. A fresh new filled replacement container would then be delivered to each location. The empty would be picked up and returned to the manufacturer.
It came to the company’s attention that they were losing customer accounts and that large numbers of their fi-gals were not being returned for refill and sterilization.
The company asked BDA to launch an investigation. Surveillance operations were put into place. BDA operatives recorded the client’s fi-gals being picked at numerous account locations but, not by our client’s company trucks. Instead drivers in nondescript vans were observed going into account locations carrying fi-gals in and carrying empty ones back out to their vehicles. Plates were recorded, and the registered owners were identified. BDA was able to ascertain that certain individuals and companies connected to these vans had criminal records and some were connected to organized crime families.
Further surveillance operations conducted over an extended period revealed some of these vans traveling out of NY State into Pennsylvania, New Jersey, and Ohio. Witness Interviews were conducted by BDA investigators of small business owners that had stopped using our client’s product. It was learned that they were approached by individuals who promised that they could supply the same product in the same container as the client supplied but, at a lower cost. They admitted that the soda “Did not taste as good” but that they were happy with the lower cost of the syrup, which allowed for increased profits. Some small business owners explained that they were given an offer that they could not refuse.
Continued surveillance paid off when vehicles were followed and recorded entering a large warehouse in N.J. Fi-gals by the hundreds were observed being loaded and unloaded from these vans and small trucks. A covert look inside the warehouse revealed thousands of the client’s stolen fi-gals stacked up for shipment.
They were simply being refilled with counterfeit syrup when empty and never sanitized. Federal Marshalls were notified, and search warrants were executed. BDA investigators were responsible for helping the client recover thousands of their stolen fi-gals which had been taken across state lines.
BDA assisted Federal law enforcement to recover the client’s proprietary property and prosecute the criminals involved. The client was once again able to reestablish their legitimate presence in the soda fountain market place.
Case study, Litigation Support: Software company
BDA was retained by a very successful software company who specialized in the design of software for the automotive industry. Our client had a multi-year contract with a major American automobile manufacturing company, to supply software that enabled the car company to change and update the design and specifications of their cars every year. The utilization of the software saved the auto company an infinite amount of time in the production of new model autos each year, thus saving them many millions of dollars in design and production costs annually.
Unexpectedly the car company informed our client that they were not renewing their contract, severing ties with the client company and that they were going forward without the use of the clients patented software. The car company claimed to have designed their own new and improved software. The client suspected that the car company may have somehow stolen their intellectual property and knocked off the clients patented software. The behemoth company was a formidable opponent with limitless legal resources. They claimed that they were able to invent their own technology from scratch and did not use the talents of any employees that were familiar with the use of the client’s proprietary software.
The client hired BDA to investigate and prove their suspicions that the car company did in fact steal their proprietary technology.
BDA investigative researchers developed a list of former engineers and software developers who worked with the client’s software as well as on the new software that the car company claimed was completely their own design. The car company further claimed that they set up a “Chinese wall” to assure that their new designed software was in no way influenced by personnel that had formerly worked with our client’s software and was familiar with it.
We also identified several contract employees who were highly skilled and had worked on the software project.
BDA dispatched a team from NYC to Michigan. The team of experienced BDA field investigators were comprised of former NYPD Detectives and FBI Special Agents. They were tasked with locating and interviewing witnesses that were NOT presently employees of the car company but had worked on the software project as outside contractors. They were able to obtain statements from contractors that had worked with our client’s code as well as the new software that the auto company obviously copied, thus proving that there was “NO Chinese wall.
This case remains in ongoing litigation. Many millions of dollars hang in the balance.