OptimisCorp

BACKGROUND

Plaintiff and appellant OptimisCorp is a privately held Delaware corporation founded by Alan Morelli, who served as its chief executive officer (CEO). Defendant and appellant Laura Brys was OptimisCorp’s general counsel from April 2012 to January 2013. Defendant and appellant Leonid Zilberman was appointed by OptimisCorp’s insurance carrier to represent OptimisCorp after Tina Geller, an OptimisCorp employee, reported Morelli had sexually harassed her. Zilberman was employed by defendant and appellant Wilson Turner Kosmo LLP (Wilson). Zilberman hired independent investigator Nancy Solomon to investigate Geller’s sexual harassment allegations. Solomon’s investigation revealed that Morelli admitted he engaged in sexual activity with Geller but disputed the allegations that he initiated the sexual activity and that he harassed her.2 Solomon concluded that “Mr. Morelli was not credible in his explanation that Ms. Geller was a sexually aggressive person who pressured him to have sexual relations and that on occasion he succumbed to such pressure. As an initial matter, Ms. Solomon did not find [it] inherently plausible that the CEO could not take action to stop sexual…