Bakotic / Bako Litigation

Bako Diagnostics Responds to Recent Statements Made by Dr. Bradley Bakotic

ATLANTA. Jun. 26, 2018 – At Bako Diagnostics, among our highest priorities are upholding the quality and integrity of our work, maintaining the utmost professional standards, and ensuring that our company provides a safe workplace for our employees. As a result of false and misleading public statements being made by our former CEO, Dr. Bradley Bakotic, we now find it necessary to clarify the facts of his termination from Bako Diagnostics in an equally-public manner.

Dr. Bakotic was terminated from Bako Diagnostics on September 8, 2017 after allegations of misconduct were made against him and following a comprehensive, independent investigation conducted by the company’s outside counsel, Latham & Watkins. During this investigation, Dr. Bakotic admitted to instances of misconduct including sexual relationships with subordinate female employees, as well as physically assaulting one of the female employees with whom he was having an ongoing relationship. Latham & Watkins also received multiple allegations of illegal drug use by Dr. Bakotic, which they found to be credible. As a result, a Special Committee of the Board of Bako Diagnostics saw no other choice but to terminate Dr. Bakotic’s employment.

We find Dr. Bakotic’s alteration of these facts and proclamations of his innocence, particularly after his admission to the assault, to be disingenuous and potentially damaging to the reputation of Bako Diagnostics and its employees. The facts speak for themselves and are clearly described and outlined in legal filings.

We wish to set the record straight and focus our attention on delivering the highest quality laboratory services and products for our valued clients. We are confident in the merits of our case and look forward to our day in court when Bako Diagnostics can continue without these distractions.

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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