I have asked the Association for Software Testing to make a statement regarding the relationship of AST with their former Board officer Keith Klain in regard to the lawsuit for fraud filed against Klain by his former employer Doran Jones.
The lawsuit alleges that Klain did a number of reprehensible things. What should concern the AST and the software testing community in particular is that Klain is alleged to have been a party to sabotaging and undermining the training in software testing given to disadvantaged people by Per Scholas in New York City.
Klain filed a "LETTER addressed to Judge Analisa Torres from A. Goldenberg dated July 20, 2016 re: Request for a Pre-Motion Conference Regarding Anticipated Motion to Dismiss". Of concern to the software testing community is that this letter in no way disputes or denies Klain's behavior alleged in the law suit; this letter merely attempts to make the case that Klain's abominable behavior should not meet the letter of the statute itself for actual fraud. (1)
Then Doran Jones answered that letter with one of its own "FIRST LETTER addressed to Judge Analisa Torres from JASON H. KISLIN dated August 1, 2016 re: Plaintiff's Response to Defendant Klain's Request for a Pre-Motion Conference." (2), which concludes in part:
"In addition, should the Court dismiss Doran Jones' CFAA claim, its remaining state law claims -- for breach of contract, breach of the duty of good faith and fair dealing, breach of fiduciary duty, tortious interference with prospective economic advantage, tortious interference with contractual relations, misappropriation of trade secrets, fraudulent inducement, and declaratory judgment -- will be properly before this Court because they do not require the Court to rule on novel or unsettled issues of state law."
This is reprehensible at best, immoral at worst. Not only should the AST sanction Keith Klain, but TechWell, SoftwareTestPro, and the conference organizations at which Klain presents should seriously reconsider their current and past association with Klain, and anyone else with whom he has any ties should consider the value of that association as well.
(1) Anyone may get direct access to court documents for this case for free or for a nominal fee by creating an account at PACER The case number is Case 1:16-cv-02843-AT . Notices of actions are available publicly for free.
(2) This PDF does not render in my browser, but seems OK after downloading. For an original copy see (1) above.
The lawsuit alleges that Klain did a number of reprehensible things. What should concern the AST and the software testing community in particular is that Klain is alleged to have been a party to sabotaging and undermining the training in software testing given to disadvantaged people by Per Scholas in New York City.
Klain filed a "LETTER addressed to Judge Analisa Torres from A. Goldenberg dated July 20, 2016 re: Request for a Pre-Motion Conference Regarding Anticipated Motion to Dismiss". Of concern to the software testing community is that this letter in no way disputes or denies Klain's behavior alleged in the law suit; this letter merely attempts to make the case that Klain's abominable behavior should not meet the letter of the statute itself for actual fraud. (1)
Then Doran Jones answered that letter with one of its own "FIRST LETTER addressed to Judge Analisa Torres from JASON H. KISLIN dated August 1, 2016 re: Plaintiff's Response to Defendant Klain's Request for a Pre-Motion Conference." (2), which concludes in part:
"In addition, should the Court dismiss Doran Jones' CFAA claim, its remaining state law claims -- for breach of contract, breach of the duty of good faith and fair dealing, breach of fiduciary duty, tortious interference with prospective economic advantage, tortious interference with contractual relations, misappropriation of trade secrets, fraudulent inducement, and declaratory judgment -- will be properly before this Court because they do not require the Court to rule on novel or unsettled issues of state law."
This is reprehensible at best, immoral at worst. Not only should the AST sanction Keith Klain, but TechWell, SoftwareTestPro, and the conference organizations at which Klain presents should seriously reconsider their current and past association with Klain, and anyone else with whom he has any ties should consider the value of that association as well.
(1) Anyone may get direct access to court documents for this case for free or for a nominal fee by creating an account at PACER The case number is Case 1:16-cv-02843-AT . Notices of actions are available publicly for free.
(2) This PDF does not render in my browser, but seems OK after downloading. For an original copy see (1) above.