Former employee accused of breaching contract and misusing trade secrets by Formedics LLC

Martin Luther King Jr. Federal Court
Martin Luther King Jr. Federal Court
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A recent court filing details allegations that a former employee violated contractual obligations by disclosing confidential information and soliciting clients for a competitor, resulting in substantial financial losses for his previous employer. The complaint was filed by Formedics LLC in the United States District Court for the District of New Jersey on March 13, 2026, naming Andrew Vito as the defendant.

According to the complaint, Formedics LLC asserts that Andrew Vito breached his contractual non-interference, non-disparagement, and confidentiality duties during and after his employment with the company and its subsidiary AMC Media Group. The company claims that these breaches included tortious interference with customer relationships and misappropriation of trade secrets for personal benefit or for the benefit of Integrated Medical Communications (IMC), described as a direct competitor.

The background section outlines that AMC Media Group offered Vito a position as National Accounts Manager in August 2023. His responsibilities involved building expertise in AMC’s portfolio, selling media advertising to pharmaceutical companies and agencies, developing new client relationships through networking, and maintaining consultative relationships with existing clients. As part of his employment conditions, Vito signed an Employment Confidentiality Agreement on July 26, 2023. This agreement prohibited him from disclosing or using confidential information without express company authorization and required compliance with all company policies regarding confidentiality.

The agreement defined ‘Confidential Information’ broadly to include business development leads, customer lists, strategic data, and any information not generally available to others. It also contained clauses preventing interference with company business—such as soliciting customers or disrupting relationships—for one year following employment termination. A non-disparagement clause barred making statements that could defame or disparage the company or its personnel.

Formedics alleges that after acquiring AMC in August 2024, Vito continued working in his role until resigning on January 9, 2026. In the period before his resignation, he allegedly shifted communications with clients away from work email to personal channels. Shortly after his departure, Formedics claims it discovered evidence that Vito had encouraged clients not to do business with Formedics by making false statements about supposed internal problems at the company.

One example cited is an alleged conversation where Vito advised a contact at a media agency clinic—referred to as Client 1—to avoid contracting with Formedics due to ‘massive changes’ and recruitment issues within the company. According to Formedics’ filing, these statements were knowingly false when made. As a result of this advice, Client 1 reportedly withdrew approximately $750,000 worth of business from Formedics.

Similarly, Vito is accused of telling another major pharmaceutical client (Client 2) that Formedics’ editorial team produced poor content while indicating plans to join IMC—his uncle’s competing firm—and suggesting that IMC would offer superior services. The complaint states that Client 2 subsequently reduced its business with Formedics by over $1.8 million.

Formedics further alleges that upon leaving the company Vito retained confidential customer contact information for use at IMC and continued soliciting former clients on behalf of his new employer. Evidence cited includes an email sent inadvertently by Client 2 to Vito’s old work address containing details about an upcoming media program similar to those previously purchased from Formedics.

The legal filing outlines seven causes of action: breach of contract (non-interference), breach of contract (non-disparagement), breach of contract (disclosure of confidential information), tortious interference with prospective economic advantage (in the alternative), tortious interference with contract (in the alternative), trade secret misappropriation under New Jersey law (N.J. Stat. Ann §56:15-1 et seq.), and violation of the federal Defend Trade Secrets Act (18 U.S.C §1836). Each cause describes how actions attributed to Vito allegedly resulted in lost revenue opportunities and irreparable harm to customer goodwill for which monetary compensation alone is insufficient.

Formedics requests several forms of relief from the court: temporary and permanent injunctions restraining further violations; an order compelling immediate return of all confidential materials; compensatory and punitive damages; reimbursement for attorneys’ fees; prejudgment and post-judgment interest; as well as any other relief deemed appropriate by the court.

Attorneys John C. Grugan, Antonia M. Moran, and Maddie Fenton from Holland & Knight LLP represent Formedics LLC in this matter under Civil Action No. 3:26-cv-2627.

Source: 226cv02627_Fornedics_LLC_v_Vito_Complaint_District_New_Jersey.pdf



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