Starwood Hotels & Resorts announced it has filed a lawsuit against Hilton Hotels Corporation and senior executives Ross Klein, Global Head of Hilton Luxury & Lifestyle Brands and Amar Lalvani, Global Head of Hilton Luxury & Lifestyle Brand Development, who are former Starwood employees. Klein, former President of the Starwood Luxury Brands Group and Lalvani, former Senior Vice President of Starwood Luxury Brands were recruited to Hilton in June 2008.
The suit alleges Klein and Lalvani, aided by Hilton, stole more than 100,000 electronic files including strategic development plans, financial information, negotiation strategies, marketing and operational materials. The materials were all related to the development of Starwood's W® luxury brand, which Starwood had spend the last 10 years and tens of millions of dollars to develop.
The theft was discovered almost by accident. According to the press release,
In November 2008, Starwood initiated arbitration with Klein over the non-solicitation provisions in his employment contract and separation agreement, and put Hilton on notice to preserve relevant information. Three months later, and just days before Hilton announced the launch of its new lifestyle brand, Starwood received from Hilton eight large boxes of hard copy documents as well as computer hard drives, zip drives, and thumb drives containing more than 100,000 electronic files downloaded from Starwood computers, much of it highly proprietary. It was at this point that Starwood first became aware of the theft.
After delivering the materials, Hilton notified Starwood that Klein and other former employees had brought the materials they had developed or acquired during their employment at Starwood and had additional materials at home.
Kenneth Siegel, Starwood’s Chief Administrative Officer and General Counsel, said: “The wholesale looting of proprietary Starwood information, including a step-by-step playbook for creating a lifestyle luxury hotel brand, unfairly enabled Hilton to launch a new brand in only nine months instead of the usual three to five years.”
Hilton issued the following statement on Tuesday:
Hilton Hotels Corporation today acknowledged receipt of a federal grand jury subpoena from the United States Attorney’s Office for the Southern District of New York requesting documents relating to Hilton's employment of former employees of Starwood Hotels & Resorts Worldwide, Inc. and materials which Hilton returned to Starwood in February of 2009.
On April 16, Starwood filed a civil complaint alleging its former employees, Ross Klein and Amar Lalvani, and Hilton, unlawfully obtained and used Starwood information. Hilton has placed Mr. Klein, Mr. Lalvani and their luxury and lifestyle team on paid administrative leave pending Hilton’s review of the situation. At this time, further development of the Denizen Hotels brand has been temporarily suspended.
This is another example of the massive financial damage malicious insiders can cause when user activity is left unmonitored. Had Starwood been monitoring file and user activity, they would have been able to notify the authorities prior to the loss of the data to Hilton.