A judge has reversed an order that barred a San Diego attorney from practicing in Utah's federal court for three years.
The ban had been placed on Michael Vivoli in December as a sanction by U.S. Magistrate David Nuffer, who said the attorney violated an order concerning confidential information in an ongoing trade secrets case and made misrepresentations about a deposition.
U.S. District Judge Tena Campbell said Wednesday that Vivoli did violate the order but there was insufficient evidence to impose the three-year ban. She also cited due process concerns.
Vivoli and his firm, Vivoli & Associates, represents Systemic Formulas, an Ogden health supplement manufacturer that filed suit in 2007 against a former employee and his new company. Nuffer is handling pretrial matters in the case, which is assigned to Campbell.
The lawsuit alleges that the former employee and his company, the Ogden-based Innovita, breached a confidentiality and noncompete agreement. Under a protective order, highly confidential information in the case was designated "Attorneys' Eyes Only," meaning it could not be disclosed to clients.
Nuffer found that Vivoli violated the order by creating a list of customers that Systemic Formulas and the new company had in common and showing that list to his client. Vivoli argued that the list did not violate the order.
Vivoli still faces a possible monetary sanction. Nuffer has asked Innovita for information on clients affected by the information release so he can recommend to Campbell how much Vivoli should be fined.
