Defendant sought leave to file an amended counterclaim to assert several significant claims related to the prior sale of the business. The Court in a lengthy opinion and order granted leave to assert numerous additional claims, including conversion of the website and related data, breach of fiduciary duty, diversion of corporate opportunity, aiding and abetting breach of fiduciary duty, and misappropriation of trade secrets. The opinion further held that a website is personal property. Other circuits have since held websites are not personal property.
Breach of fiduciary duty/conversion/diversion of corporate opportunity/aiding and abetting/website/electronic date and customer lists