Charter’s 5th Emergency Motion Seeks to Stop Spilling of Broadband Secrets

Charter Communications renewed its request for a temporary restraining order to enjoin Bridger Mahlum, its former director-state government affairs, from continuing his employment with BroadbandMT, a direct competitor, and keeping him from spilling Charter’s trade secrets, in its emergency motion Monday (docket 3:23-cv-01106) in U.S. District Court for Connecticut in New Haven.

With the expiration of the court’s previous 14-day TRO, Charter “still faces immediate, irreparable harm if Mahlum is allowed to continue working for BroadbandMT” before the court rules on Charter’s emergency motion for preliminary injunction, said the motion. It’s the fifth emergency motion that Charter has filed to enjoin Mahlum’s employment and conduct since it brought the case Aug. 18 (see 2308210001).

Charter satisfied “the procedural prerequisites supporting entry of a TRO,” said its memorandum in support of the emergency motion. Charter set forth facts in three declarations “clearly showing the extensive immediate and irreparable harm that will result if Mahlum is not enjoined,” it said.

Charter and BroadbandMT members “are currently battling over the forthcoming $628 million in additional broadband grant funding,” said the memorandum. It’s similar to the previous round of about $110 million in broadband grant funding that Mahlum helped Charter obtain over BroadbandMT members, it said.

Charter’s counsel “ertified in writing its numerous efforts made to give Mahlum notice” that Charter plans to enjoin him from his wrongful conduct, including giving him notice of this latest emergency motion, said the memorandum. Charter’s counsel gave Mahlum’s counsel advance notice of the latest filing, which wouldn't have been filed if Mahlum confirmed he resigned his employment, but Mahlum’s counsel hasn’t responded, it said.

Charter demonstrated it’s likely to succeed on the merits of its claims for a preliminary injunction to enjoin Mahlum from violating his noncompete agreements, which the court “has similarly recognized,” said the emergency motion. Charter has since bolstered its positions, “demonstrating that all four prongs from the preliminary injunction standard weigh decisively in its favor with respect to its breach of contract and trade secret claims,” it said.