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Cygnus Sues Former Employees Over Launch

Greg Napert accused of theft of intellectual property, breach of contract.


By Jason Fell
07/17/2008

Cygnus Business Media has filed a lawsuit against Impact Business Media, the company founded by a former employee who left Cygnus this spring with three fellow staffers to launch a competing magazine.

Greg Napert, who launched Director of Maintenance, which competes for advertising dollars with Cygnus’s Aircraft Maintenance Technology, had served as AMT’s group publisher.

According to the complaint filed in Wisconsin Circuit Court and obtained by FOLIO:, Cygnus alleges that Napert—along with former AMT publisher Danny Faupel, editor-in-chief Joe Escobar and national accounts manager Bob Graf—broke confidentiality and non-solicitation agreements and disclosed Cygnus “trade secrets” by taking list information from the AMT Society, which is associated with Cygnus’ AMT magazine.

Cygnus is seeking the return of Cygnus property—including the list information, undetermined punitive damages and reimbursement for legal fees and expenses.

“Cygnus, like any other company, will do everything it can to protect its assets,” co-CEO Carr Davis wrote in an e-mail to FOLIO:. Napert declined to comment.

The complaint alleges that Napert obtained the list information by sending several e-mails containing “confidential proprietary business information and trade secrets” from his business account to a personal account. Cygnus claims it discovered unauthorized software installed on Napert’s computer “for the purpose of deleting or destroying data” in an “apparent attempt to conceal information on the computer and/or to intentionally destroy Cygnus’ data.”

The complaint also alleges that during their employment at Cygnus, Napert, Faupel, Escobar and Graf solicited the publisher’s customers “for purposes of selling subscriptions and/or advertising” for their new magazine. It goes on to allege that they “intentionally interfered with Cygnus’ contractual relationships” by breaking confidentiality and non-solicitation agreements, which state that they would not directly or indirectly encourage or cause any employee—including themselves—to quit and work for a competitor.

In a May interview with FOLIO:, Napert said he did not sign a non-compete agreement with Cygnus.

At an injunction hearing held late last month, legal counsel representing Cygnus and Impact Business Media indicated that the parties had “reached agreements” and that they would “work in good faith” to “resolve all the issues before the Court.”

A Cygnus spokesperson declined to comment on the status of the lawsuit.

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Post Comment / Discuss This Story - Info/Rules

If he was planning a new business on the old company's computer
Submitted by Anonymous on Fri, 07/25/2008 - 17:30.

If software was added to a company-issued computer to cover up the plans for a new business, he's not guilty of being indiscreet. He's misappropriating his employer's property to enhance his personal situation. Most people would call that theft. Using anything your employer provides for you to create a new business that will compete with your current employer is wrong.
To "I like it"
Submitted by Anonymous on Tue, 07/29/2008 - 11:06.

You're an aircraft mechanic, and you read and post on the Folio website???
Folio has appeal to even aircraft mechanics
Submitted by Anonymous on Tue, 07/29/2008 - 17:01.

I too find it very hard to believe that an aircraft mechanic would post on the Folio site. I also find it hard to believe that any one has seen a printed copy of DOM since it hasn't mailed yet.
Google
Submitted by Anonymous on Wed, 07/30/2008 - 12:01.

Have you ever done a Google search? I Searched for Joe Escobar and got a link to folio. Imagine that.
stop the presses
Submitted by Anonymous on Wed, 07/30/2008 - 12:33.

you did a google search and a folio story came up? wow. stop the presses. isn't it crazy how google tracks news stories, too? what's your point?
Point of this Blog?
Submitted by Anonymous on Fri, 08/01/2008 - 07:17.

What's the point of this blog? The talk about theft is contrived! It's all speculation. There are no FACTS here! Even the subhead is slanted. The story is based on a lawsuit from Cygnus'opinion and belief of the events from Cygnus point of view. So shut your pie hole unless you KNOW the facts. These accusations will likely prove to be false knowing the parties involved. It's simply a business tactic by Cygnus - or a fear-based reaction to losing some talent that they should have done more to keep. This is very poor journalism - as is reporting on Tony and Carr walking into a suite with a prospective buyer! It's all sensationalism. You journalists should know that! Shame on the lot of you! I feel dirty I even had to comment! But this is out of hand.
blog?
Submitted by Anonymous on Fri, 08/01/2008 - 09:41.

this is a news story, not a blog. its based on a lawsuit filed by a b-to-b magazine publisher against its former employees? is it filed on valid grounds? that has yet to be determined. if you read the story, folio contacted greg napert for his side and he declined to comment. this isn't slanted and isn't sensational. when will people who say they're in the publishing industry learn how to read news?
Declined to comment!
Submitted by Anonymous on Sat, 08/02/2008 - 07:13.

I would not advise that Napert comment to Folio on a case that is currently open - especially to Folio! Mr. obvious says that Folio magazine, or Folio blogs is not the place to get a Fair hearing! He did the right thing by not speaking to the Enquirer of B to B pubs. There are dozens examples in this Blog alone of people jumping to conclusions without facts. Again, when a party files a lawsuit, it is often based on "Belief" - which is why many suits are found to be frivolous. The facts are only found out during discovery and decided on in a court case. Settlement is also an option to save both parties time and money and is often done when the person suing discovers they don't have as strong of a case they thought they had or damages are found to be minimal - settlement does not imply guilt or wrongdoing by either party.
National Enquirer. Right.
Submitted by Anonymous on Sat, 08/02/2008 - 21:46.

Folio is the National Enquirer of b2b pubs? That is ridiculous. if thats your criticism then why are you reading this and commenting? the most juvenile, sensationalistic aspect to this site are the absurd comments left here. want sensationalism? look in the mirror.
Next - will be stories about aliens!
Submitted by Anonymous on Mon, 08/04/2008 - 10:47.

Publishing an article about Tony and Carr being "Seen" walking into a suite with someone! Publishing a subhead saying Napert is accused of Theft - when the word "theft" is nowhere in the suit and there is no evidence - allowing people to post blogs "that "DOM must be guilty if they are settling" - IS sensationalism! Next, we'll have stories of Aliens and Two headed CEOs of publishing companies! Oh wait, we already have stories of Two-headed CEOS! Absurdity? You said it! - that's what this magazine seems to thrive on - and so this blog goes on and Folio does more dirt on Cygnus! Let's keep going! Let's have another Cygnus storie on Blue Jeans - Jason!
bravo
Submitted by Anonymous on Mon, 09/01/2008 - 23:46.

What a truimph. The boys from D.O.M. have produced a first class publication. They deserve all the bravos they can get! In this country you get to start your own business and be successful even if someone else tries to stop you by druming up accusations. The evil in all this is someone out there will believe the falsehoods...why? Just because it was said. Shame on you Cygnus. Intergity in business seems to be lost.
Who liked it come on
Submitted by Please on Wed, 10/22/2008 - 09:50.

Come on give me a break you have got to see that DOM is just copying articles that AMT already wrote did anyone notice in last months issue that DOM Copied word for word the same thing that appeared in AMT about a yr earlier. they had nothing new to write so just srat copying makes perfect sense to me... GET WITH THE PROGRAM we are spending hard earned dollars on reprinted Info.. is that where you want you Advertising Dollars to go
Too Far
Submitted by Linda Graf on Thu, 11/06/2008 - 16:49.

This really seems highly improbable. The person making this statement should reel in their emotions. Always remember just because someone said it doesn't make it true. Wishing good fortune to everyone really is a better M.O.
D.O.M. editorial
Submitted by Joe Escobar on Thu, 11/06/2008 - 17:42.

In regards to the comment by Please -- "Who liked it come on" -- no single article in D.O.M has been, nor ever will be, copied from AMT or any other publication. The article the lady or gentleman may be referring to was submitted to me in early September by the Federal Aviation Administraton. The FAA asked us to print the article to help get the word out on the FAA's FAASteam. It was written by Kevin Clover and Phil Randall, FAA employees. D.O.M. is dedicated to partnering with the FAA to help our readers stay abreast of what is going on. In this case, the FAA wanted to re-state the mission of the FAASteam, and give readers an update on new changes in the FAA's safety program. They wrote the article and update. Not AMT. Not Cygnus. Joe Escobar



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