Bakotic / Bako Litigation

Bako Diagnostics Files Counterclaims in Lawsuit Against Former Management to Uphold Agreements and Recover Damages

ATLANTA. Feb. 13, 2018 – Bako Diagnostics, a podiatry-focused clinical laboratory and products company, announced yesterday, that they filed counterclaims in the Superior Court of Delaware to uphold agreements with their former CEO, Dr. Bradley Bakotic, and former Medical Director, Dr. Jody Hackel, precluding them from competing with Bako Diagnostics, soliciting Bako employees or clients, using Bako’s confidential information, and otherwise intentionally causing harm to Bako’s business.

Bako Diagnostics’ top priority is protecting the integrity of the company’s work to ensure delivery of the highest quality laboratory services and products to their valued customers. The counterclaims are vital to Bako’s mission in order to protect the business and safeguard important contracts. Bako is confident in the merits of their counterclaims and looks forward to defending their position in Court.

Bako remains committed to offering their clients reliable and timely test results and products while also providing the educational and organizational support that the industry relies upon. This lawsuit does not interfere with Bako’s daily operations or the services Bako provides.

Bako Diagnostics thanks its clients for their continued support.

Court filings may be found under Bradley Bakotic, et al. v. Bakotic Pathology LP, et al; Case Number: N17C-12-337 WCC in the Superior Court of New Castle County, Delaware

ABOUT BAKO DIAGNOSTICS

Bako Diagnostics is a provider of diagnostic and therapeutic services for the Podiatric Medical Community with a unique focus on pathology of the lower extremity. Bako’s comprehensive testing menu includes ENFD Analysis, Mass Spectrometry, for rapid identification of bacteria from culture specimens, and Molecular Genetics for the detection of micro-organisms and as a diagnostic aid in certain pathologic diagnoses. Bako’s in-network services are available through its more than 250 million covered lives, including all five national health plans and fully compliant patient-friendly billing policies.  Over the past nine years, Bako has evolved into one of the podiatric profession’s principal sources of educational sponsorship.

Litigation Update

FAQ

Legal Filings

Answer and Counterclaims in the Superior Court of New Castle County, Delaware (Bradley Bakotic, et al. v. Bako)

DEFENDANTS' ANSWER to Complaint and Counterclaims

Exhibit 1 – Bradley Bakotic and Joseph Hackel Confidentiality, Non-Solicitation and Non-Competition Agreement

Exhibit 2 – Agreement and Plan of Merger, Including Confidentiality, Non-Compete, and Non-Solicit Covenants

Exhibit 3 – Letter Sent to BakoDx Board of Directors Regarding Accusations Against Bradley Bakotic

Exhibit 4 – Bradley Bakotic Termination Letter


Complaint and Brief in Support of Temporary Restraining Order, filed in the Chancery of the State of Delaware (Bako v. Bradley Bakotic and Joseph Hackel)

Verified Complaint for Injuctive Relief

Exhibit 1 to Verified Complaint – Select Marketing Materials During 2015 Sale of Equity Interest in BakoDx

Exhibit 2 - Agreement and Plan of Merger, Including Confidentiality, Non-Compete, and Non-Solicit Covenants

Exhibit 3 - Amended and Restated Limited Partnership Agreement, Including Non-Compete Covenants

Exhibit 4 - Bradley Bakotic and Joseph Hackel Confidentiality, Non-Solicitation and Non-Competition Agreements

Exhibit 5 - Transcript of the Declaratory Judgment Action Hearing on April 30, 2018

Exhibit 6 - Various Statements from Bradley Bakotic’s and Joseph Hackel’s Counsel

Exhibit 7 - Various Statements from Bradley Bakotic’s and Joseph Hackel’s Counsel

PLAINTIFFS' BRF ISO MOT for TRO – Bako’s Opening Brief in Support of Their Motion For Temporary Restraining Order


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