HTC CORP. v. Technology Properties Ltd.

ORDER DENYING PLAINTIFF’S MOTION FOR ORDER PROHIBITING DANIEL LECKRONE FROM CONTACTING HTC EMPLOYEES

I. BACKGROUND

In February 2008, HTC Corporation and HTC America Inc. (collectively, “HTC”) filed the instant action seeking declaratory relief against Technology Properties Limited (“TPL”). Daniel Leckrone co-founded TPL in 1988 and serves as its Chairman. Leckrone also is an attorney licensed to practice law in California. While he is a member of the State Bar of California, Leckrone has never served as counsel of record or represented TPL in any legal capacity in this action. Declaration of Daniel Leckrone ¶¶ 2, 3, 7. As Chairman of TPL, Leckrone has final authority with respect to all settlements of litigation and directs business strategy for TPL. Id. ¶ 9.

Since the commencement of this action, Leckrone has communicated on TPL’s behalf directly with HTC’s upper management. The purpose of this communication appears to be to convince HTC’s principals to enter into a settlement agreement rather than continuing to litigate. Declaration of Kyle Chen, Ex A (December 2008 Letter from Leckrone to HTC’s Chairman, Cher Wang, suggesting that “communication through lawyers is not…