1. Lindenwood Capital Assets manages a mutual fund with $325,000,000 in assets. Dachs, Phoebe, and...
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1. Lindenwood Capital Assets manages a mutual fund with $325,000,000 in assets. Dachs, Phoebe, and Felix are three Lindenwood's top equity analysts and portfolio managers. Dachs is Lindenwood's top analyst for the tech industry. Phoebe is Lindenwood's top analyst for the energy industry. Felix manages the Bridgewater Fund, Lindenwood's largest and strongest portfolio. Felix has very strong relationships with the major investors in the Bridgewater Fund, including its largest investors, the St. Louis City Teacher's Pension Fund and the Missouri Highway Patrol Pension Fund. While working at Lindenwood, Felix is courted by Max Capital Assets, one of the largest hedge fund in the world. Felix knows that if he joins Max Capital, he will likely be competing with Lindenwood for many of the same clients. In fact, Felix tells Max Capital that he can bring the Teacher's Pension Fund with him and that he will work hard to bring Missouri Highway Patrol Pension Fund. Felix also tell Max Capital that he can bring Dachs and Phoebe with him to Max Capital, Felix leaves Lindenwood and joins Max Capital Assets on April 25, 2016. While Felix was still employed by Lindenwood, he began to plan for his departure to Max Capital. On his own time, he mailed a general informational letter to potential investors he compiled from his personal knowledge of the capital sector obtained while an analyst and later portfolio manager for Lindenwood. He also met with a representative of the Teacher's Pension Fund for breakfast on a Sunday morning to inform the Teacher's Pension Fund of his move. On April 26, 2016, Felix contacted Dachs and Phoebe and persuaded them to leave Lindenwood and join him at Max Capital. Dachs and Phoese quit Lindenwood and joined Max Capital on April 30. 2016. Dachs and Phoebe were very successful analysts for Max Capital, using some of the knowledge they had about potential acquisition opportunities while serving as Lindenwood. Felix aggressively pursued the clients with whom he had built a relationship while working at Lindenwood. By June 30, 2016, Lindenwood lost 4 of its largest investors, which accounted for 63% of its revenue, to Max Capital Felix. Lindenwood filed a lawsuit against Felix, Dachs and Phoebe alleging that they violated their duty of loyalty to Lindenwood and were unlawfully competing with Lindenwood, their former employer. Felix, Dachs and Phoebe filed a motion to dismiss Lindenwood's lawsuit claiming that they had no non-compete agreement or non-disclosure agreement with Lindenwood, and therefore, Lindenwood has no legal basis to challenge their competing business activity. What claim, if any, does Lindenwood have against Felix, Dachs and Phoebe? Explain your answer. What additional information would you need, if any, to more fully evaluate the merits of Lindenwood's claim?
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