Visibility provider FourKites and its Chicago rival project44 announced Monday that they have resolved two legal battles regarding employee poaching and allegedly defamatory emails sent by FourKites CEO Mathew Elenjickal. Details of the resolution were not disclosed.
“We are glad to put these disputes behind us. … Our focus has always been on bringing innovation to market, transforming supply chains, and driving unmatched value to our customers. That will continue to be our mission,” Elenjickal said in a news release.
Project44 general counsel Jennifer Coyne told FreightWaves in an email: “Today project44 is pleased to announce a very favorable resolution of our defamation lawsuit against FourKites for its false, defamatory and destructive emails sent by FourKites’ CEO Matt Elenjickal to project44’s Board of Directors and executives. As the Illinois Supreme Court found, Mr. Elenjickal’s emails containing ‘defamatory statements made to corporate [e]mployees … can harm the corporation’s business reputation among those employees.’ We are confident this Supreme Court decision will deter future unprofessional and destructive communications that have no purpose other than to unfairly harass and mislead competitors.”
In March, the Illinois court ruled that project44 could proceed with its defamation lawsuit against FourKites, centering on two emails sent to project44 executives in May 2019, allegedly authored by Elenjickal under pseudonyms. The emails accused project44 of financial misconduct and links to organized crime, as well as criticizing its technology.
Project44, denying the claims, filed a defamation and civil conspiracy lawsuit in April 2020. Chicago-based FourKites sought dismissal, arguing the emails were not “published” to third parties, as they were sent only to project44’s leadership.
The court disagreed, emphasizing that under Illinois law, communication to corporate employees constitutes publication if the employees have distinct interests from the company. It also ruled that defamation per se claims — where statements are inherently damaging — do not require proof of actual harm.
The court sent the case back to a lower court for further proceedings, but Monday’s news now ends the back-and-forth legal battle between the two visibility providers.
“We are very pleased with this resolution, project44 has been focused on customer value and innovation. We will continue that focus,” founder and CEO Jett McCandless told FreightWaves in an email.
Appellate Court reinstates project44’s defamation suit against FourKites
Project44 sues FourKites for defamation over alleged false emails to board
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