Landus Cooperative has filed a lawsuit against two former employees and New Cooperative.

The lawsuit that was filed in the U.S. Northern District of Central Iowa Court and names two former employees Jeffrey Headley and Brian Berns, along with New Cooperative in 13 counts for alleged theft and misappropriation of confidential information belonging to Landus Cooperative. Court documents show that Headley and Berns worked as field sales agronomists with Landus and had access to confidential information. They both acknowledged the confidential policy in the employee handbook.

Court documents allege Berns was terminated from Landus on December 7th because he made “disparaging comments about the company.” Headley suddenly resigned on December 21st without notice and told Landus that he had been on the payroll for New Cooperative when he resigned. Landus is accusing Headley of stealing confidential information from Landus two days before he resigned,  and engaged with Berns to delete evidence of misconduct, and obtained text messages between the two that carried a scheme to destroy evidence while they were employees with New Cooperative. 

Landus sent a letter to New Cooperative notifying them of the issue on December 24th, which New Cooperative’s legal counsel sent notification back stating that the text messages did not contain proprietary information with Landus. Court documents show that Landus claims the stolen confidential information has been used by Headley and Berns to benefit them as employees of New Cooperative and because they are New Cooperative employees in possession of stolen information, Landus is holding New Cooperative liable for its actions. Landus has requested a jury trial, along with actual and punitive damages.

New Cooperative’s Legal Counsel Stu Cochrane tells Raccoon Valley Radio that they are still reviewing the lawsuit and anticipates filing a response next week. He says it’s regrettable that members of both cooperatives are put in this situation and that New Cooperative doesn’t do business as alleged in the complaint. He is working with Landus Cooperative’s counsel to resolve this situation sooner rather than later. Cochrane completely denies the wrongful conduct that is alleged in the lawsuit.