Brainware, Inc. v. Mahan

MEMORANDUM OPINION

LEONIE M. BRINKEMA, District Judge.

Before the Court is defendant’s Motion to Dismiss [Dkt. No 11]. For the reasons stated below, defendant’s motion will be granted in part and denied in part.

I. BACKGROUND

Plaintiff Brainware, Inc. (“Brainware”) is a Virginia corporation that markets and sells “proprietary, enterprise software applications in a market known as Intelligent Data Capture or Intelligent Data Recognition.” Pl.’s First Am. Compl. [“Am. Compl.”] ¶¶ 7, 12. Defendant Michael Mahan (“Mahan”), who is a citizen of Texas, was employed by Brainware as a senior account…