Deloitte motion to dismiss complaint denied by Nevada state judge
SAN ANTONIO, Mar 10, 2022 (GLOBE NEWSWIRE) — Ecoark Holdings, Inc. (“Ecoark”) (NASDAQ: ZEST) today announced that a Nevada state court judge denied Deloitte Consulting LLP’s (“Deloitte”) motion to dismiss Ecoark’s complaint. Ecoark and its wholly-owned subsidiary, Zest Labs, Inc., filed suit against Deloitte alleging violations of the Nevada Uniform Trade Secret Act. In addition to compensatory damages, the plaintiffs are seeking injunctive relief, attorney’s fees, and punitive damages.
“We feel validated that the state judge ruled our claims against Deloitte have enough merit to move forward to the discovery phase”, stated Randy May, Chairman and CEO of Ecoark. “Deloitte is one of the 4 largest professional services firms on the planet. Companies like ours expect others to honor confidentiality agreements when entrusting them with trade secrets. While Deloitte will likely deny our allegations, we look forward to our day in court. Besides recovering damages our company and its shareholders have incurred, we also hope any attention surrounding this case will help protect other businesses and their trade secrets”.
For more details about the filed complaint, please review public filings for case number A-21-841379-B, filed in the Eighth Judicial District Court in Clark County, Nevada.
About Ecoark Holdings, Inc.
Founded in 2011, Ecoark is a diversified holding company. The company has three wholly-owned principal subsidiaries: Zest Labs, Inc. (“Zest Labs”), Banner Midstream Corp (“Banner Midstream”) and Agora Digital Holdings Inc. (“Agora”), the parent of Trend Holdings, LLC (“Trend”). Zest Labs, offers the Zest Fresh™ solution, a breakthrough approach to quality management of fresh food, is specifically designed to help substantially reduce the $161 billion amount of food loss the U.S. experiences each year. Banner Midstream is engaged in oil and gas exploration, production, and drilling operations on over 30,000 cumulative acres of active mineral leases in Texas, Louisiana, and Mississippi. Banner Midstream also provides transportation and logistics services and procures and finances equipment to oilfield transportation services contractors. Agora was formed to acquire Trend and its new cryptocurrency mining subsidiary, Bitstream Mining LLC. In addition to leading this new business opportunity, Trend invests in a select number of early-stage startups each year as part of the fund’s venture capital strategy; it is an open-minded investor with a founder-first mentality. A Trend subsidiary, Trend Discovery LP, has an audited track record of uncorrelated outperformance of the S&P 500 since inception.
ZEST FRESH™ and Zest Labs™ are trademarks of Zest Labs, Inc.
Marc Silverberg, ICR
Brian McBride, Ecoark