US Fertility v. Massaro Alleges Trade-Secret Theft to Arm Rival Spring Fertility
Forensic Timeline Shows Ex-Employee Accessed Confidential Documents While Interviewing With Competitor
US Fertility LLC has sued its former Practice Liaison, Blake Massaro, and direct competitor Spring Fertility LLC, alleging Massaro systematically misappropriated trade secrets over a two-month period to benefit Spring Fertility. The complaint, filed August 12, 2026, details a forensic timeline showing Massaro accessed, downloaded, and forwarded confidential documents to her personal email while interviewing for and transitioning to a role at Spring Fertility, then "double deleted" them to conceal her actions. The complaint alleges that "US Fertility unknowingly trained a direct competitor to operate against it in US Fertility’s own market" (Compl. ¶9).
According to the complaint, Massaro accessed Spring Fertility’s SharePoint and Salesforce from her US Fertility computer (Compl. ¶69). On April 27, 2026, Massaro signed a non-employee talent release for Spring Fertility, marking a key step in her transition to the competitor (Compl. timeline). The complaint alleges Massaro emailed net present value goals for all Reproductive Medicine Associates of New York physicians and "Key Field Sales Questions" to her personal email on June 8, 2026, then "double deleted" them.
"Massaro accessed highly sensitive US Fertility documents unrelated to her job performance," the complaint alleges (Compl. ¶6). US Fertility contends Massaro's role as a Practice Liaison did not require access to per-physician referral goals, yet she accessed "Scheduling and Referring Physician Goals" five times between May 20 and June 23, 2026, and "Gains and Declines Best Practices and How to Optimize" nine times between June 12 and 24, 2026. "Per-physician annual goals... are outside the scope of, and unnecessary to, the Practice Liaison role," the complaint states (Compl. ¶24).
The complaint also details Massaro’s interactions with non-parties during her transition. According to the complaint, "the only reason this conversation is happening is because Dr. Kolbe Hancock... reached out and encouraged me to explore the role at Spring" (Compl. ¶57). Dr. Kolbe Hancock is a fertility specialist at Spring Fertility’s New York office. Additionally, on June 24, 2026, Massaro requested a meeting with Maria Bryan, a manager at US Fertility, before submitting her resignation later that day (Compl. timeline).
Trade Secrets Built on 25 Years of Referral Data Allegedly Stolen
US Fertility alleges its trade secrets include 25 years of proprietary referral data, customized Salesforce CRM analytics, and sales playbooks that provide a competitive advantage in a market where physician referrals account for up to 60% of new patients. "US Fertility has developed what it believes to be the most powerful and proprietary set of field-sales data in the U.S. fertility industry," the complaint alleges (Compl. ¶33). The company contends it invested millions of dollars in building referral analytics, market intelligence, and technology infrastructure, including a proprietary data lake and data warehouse over two years (Compl. ¶31). US Fertility operates 32 IVF laboratories and 3 clinic offices in Manhattan, with a total of 14 clinic offices in the New York metropolitan area, supporting over 200 physicians nationwide. The company also employs 34 field sales representatives across the country.
The complaint alleges Massaro was trained on US Fertility's proprietary selling techniques, which are built on 25 to 30 years of experience. "The value of this data is not in the raw figures but in what US Fertility does with them," the complaint states (Compl. ¶36). US Fertility alleges Massaro's misappropriation will provide Spring Fertility with a competitive advantage in the New York City fertility market. The complaint further alleges Massaro shadowed US Fertility’s sales team and received training on proprietary selling techniques (Compl. ¶34).
Non-Disclosure Agreement and Duty of Loyalty Allegedly Breached
US Fertility alleges Massaro breached her Non-Disclosure Agreement, Employee Handbook, and duty of loyalty by accessing, downloading, and forwarding confidential documents to her personal email. Massaro signed the Non-Disclosure Agreement on March 13, 2026, which prohibited disclosing or using confidential information for personal benefit. The agreement states, "Disclos[ing] to others or use for my own benefit... any confidential business... information... unless such disclosure or use is necessary in the ordinary course of performing my duties" (Compl. ¶42). The complaint alleges Massaro executed the Agreement, which is governed by Maryland law (Compl. ¶93).
The complaint alleges Massaro's actions violated the agreement's provisions, including the requirement to return confidential information upon termination. US Fertility contends Massaro's conduct constituted a breach of the duty of loyalty owed during her employment, as she accessed confidential information outside her job scope and disclosed it to benefit Spring Fertility (Compl. ¶105). The complaint further alleges that US Fertility suffered damages due to Massaro’s breach, including loss of confidentiality and competitive advantage (Compl. ¶106).
US Fertility sent demand letters to Massaro and Spring Fertility on July 3 and July 6, 2026, respectively, requesting the return of trade secrets. The complaint alleges neither defendant complied. "Defendants refused to return the Subject Property," the complaint states (Compl. ¶125). The complaint also alleges that "Massaro misappropriated US Fertility’s trade secrets by knowingly acquiring, copying, retaining, disclosing, and using US Fertility’s confidential and proprietary business information without consent" (Compl. ¶80).
Eight Claims Assert Trade-Secret Misappropriation, Breach of Contract, Unfair Competition, and Conversion
The complaint asserts eight claims against Massaro and Spring Fertility, including misappropriation of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq., and common law; breach of contract; breach of the duty of loyalty; unfair competition; tortious interference with prospective business relations; conversion; and unjust enrichment. The complaint alleges that "Defendants intentionally and without authorization took, assumed, and exercised dominion and control over the Subject Property" (Compl. ¶122).
US Fertility alleges its trade secrets are protectable under 18 U.S.C. § 1839(3), which defines trade secrets as financial, business, or technical information that derives independent economic value from not being generally known and is subject to reasonable measures to keep it secret. The complaint lists referral data and analytics, physician referral histories, marketing strategies, sales playbooks, territory planning materials, budgets, pricing information, training materials, and customer relationship information as protectable trade secrets (Compl. ¶77).
US Fertility contends it took reasonable measures to protect its trade secrets, including confidentiality agreements, restricted access, and secure storage. The complaint alleges US Fertility’s trade secrets are password-protected and stored on secure servers and cloud systems (Compl. ¶50). The complaint further alleges that "it is against equity and good conscience to permit Defendants to retain the Subject Property" (Compl. ¶138).
The allegations remain unproven, and no defendant has yet responded to the complaint.
The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.
David Brunk is a civil litigation attorney. He can be reached at david@newmanbrunk.com.
From the Complaint Public Court Record
1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ___________________________________ ) US FERTILITY, LLC, ) ) Plaintiff, ) ) v. ) Case No. 26-cv-06883 ) BLAKE MASSARO and ) JURY TRIAL DEMANDED SPRING FERTILITY, LLC, ) ) Defendants. ) ___________________________________ ) VERIFIED COMPLAINT Plaintiff US Fertility, LLC, (“US Fertility” or “USF”), by and through undersigned counsel, Eckert Seamans Cherin & Mellott, LLC, as and for its Complaint (the “Complaint”) against Blake Massaro (“Massaro”) and Spring Fertility, LLC (“Spring Fertility”), (collectively “Defendants”), respectfully allege the following: INTRODUCTION 1. The U.S. fertility industry is a competitive and fast-growing medical market driven by specialized fertility clinics and rising demand. The fertility and reproductive health sectors have seen dynamic growth in recent years, driven by shifting demographics, evolving societal attitudes and rapid technological advancement. The fertility market encompasses a range of services, including in vitro fertilization (“IVF”), egg and sperm donation, surrogacy, genetic counseling and fertility preservation. 2. US Fertility is the nation’s largest partnership of physician-owned and physician- led fertility practices, along with Ovation Fertility, a national network of premier IVF laboratories.
2 To date, US Fertility and Ovation Fertility practices have helped approximately 300,000 individuals and couples build their families using assisted reproductive technology. 3. Referrals are critical for fertility practices. Physician referrals are responsible for the lion’s share of new patients—as much as 60% of reproductive endocrinology and infertility patients originate from physician referrals. In fact, many managed care and HMO insurance companies require a formal referral from a primary provider or OB/GYN before covering costly specialist evaluations or assisted reproductive technologies. 4. As a result, US
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