• by Wendy Davis  @wendyndavis, Yesterday

A Maryland state court judge on Monday dismissed Compass Marketing's complaint against Omnicom, which was filed as part of an ongoing trade secrets battle between Compass and Flywheel Digital -- the digital commerce agency Omnicom acquired from Ascential plc in late 2023.

The dismissal was without prejudice, meaning Compass can revise its allegations against Omnicom and bring them again. Compass Chairman-CEO John White says the company plans to do so.

The ruling comes in a state court case dating to March 2023, when Compass sued Flywheel, Ascential (which acquired Flywheel in 2018), and former Compass Marketing executives, in Anne Arundel County, Maryland. (Compass filed a similar suit against Flywheel and some executives in federal court in 2022, but that matter was dismissed in 2023 on the grounds that the claims were outside the statute of limitations.)

In January, Compass added Omnicom as a defendant in the case, alleging in an amended complaint that Omnicom had "actual or constructive knowledge that it acquired Compass’s stolen trade secrets and confidential information through its acquisition of Flywheel," and that Omnicom "continues to leverage such misappropriated trade secrets and confidential information."

Omnicom urged Judge Robert Thompson to dismiss the complaint at an early stage of the proceedings, arguing both that a Maryland court lacked jurisdiction over Omnicom, and that the allegations in the complaint were too conclusory to warrant further proceedings.

Thompson threw out the complaint against Omnicom after hearing arguments Monday afternoon.

The ruling allows Compass to proceed with claims against several other defendants, including Flywheel and Ascential.