Arbitration awards damages to Coloplast

Sunday, July 31, 2005

ATLANTA -- A tribunal of the American Arbitration Association ruled that Lou Malice of American Breast Care violated his contract with Coloplast and misappropriated trade secrets. The tribunal issued an injunction against Malice and awarded damages to Coloplast. But the terms of the settlement do not prevent Malice from working at ABC, where he plans to resume his position as co-CEO with Jay Markowitz. In a separate action last fall, a federal judge ruled that American Breast Care had not misappropriated trade secrets to launch a competing breast form manufacturing company. Malice and ABC plan to appeal the tribunal's decision. Markowitz said the tribunal awarded about $33,000 in legal fees and $38,000 in damages and royalties to Coloplast. He said Coloplast had asked for $1 million in fees and $2 million damages and royalties.