DURHAM – Looks like Smashing Boxes, a rising app development company based out of Durham, and one of its original founders aren’t headed to court after all.
In a sudden turn of events, Smashing Boxes has decided to drop the case against Brian Fischer and his new employer, Futures Inc., for breach of contract, the firm’s lawyer, John Moye, told WRAL TechWire today.
“We didn’t like the direction the lawsuit was going. We wanted to step back from litigation and see if a resolution could be reached outside of the courtroom,” he said.
“This approach allows both parties to move forward with their business without the distraction of a pending lawsuit.”
Moye added: “We had always hoped to find a path forward without litigation, and this approach allows us to do so.”
Last November, the company filed a 19-page lawsuit in N.C. Business Court against Fischer and Futures, alleging breach of contract on multiple fronts.
Among the charges: that Fischer, while working as Smashing Boxes’ vice president of Sales, failed to act in the company’s best interests and knowingly misled the company about then client Futures’ forthcoming payments.
The company also alleged that Futures, which offers services to help military veterans transition to civilian employment, still owed more than $250,000 in unpaid work and poached Fischer in violation of their contract to complete the project in house.
Fischer denied the claims at the time, and has since welcomed Smashing Boxes decision to voluntarily dismiss the case.
“We presented the facts to opposing counsel in response to the unsupported allegations of their lawsuit,” said Fischer’s lawyer, James P. Galvin. “We are not surprised that the lawsuit was dismissed.”
Back in 2010, Brian Fischer and his friend, Nick Jordan, Smashing Boxes’ current CEO, sat together on his back porch in Holly Springs, planning the launch of their app development company.
“That afternoon, I came up with the name and he picked out the color,” Fischer recalled to WRAL TechWire. “We had a lot of fun working together.”
Since then, Smashing Boxes has become one of the fastest growing private companies in the Triangle, according to Inc 5000.