Bartolomucci Helps Secure $222 Million Trade Secrets Verdict Against Walmart

Christopher Bartolomucci, a partner with Schaerr | Jaffe LLP, was among the legal team representing Zest Labs in its $222 million trade secrets misappropriation verdict against Walmart, one of the largest verdicts in Arkansas history and likely the highest trade secret case in the state.

Zest Labs Inc. vs. Wal-Mart Inc.

Zest Labs developed “Zest Fresh,” a technology that uses temperature sensors and machine learning to predict the freshness of produce throughout the supply chain, with the goal of eliminating food waste. The company entered into a confidentiality agreement with Walmart, in hopes it would adopt “Zest Fresh” in its stores. But Walmart stole the company’s technology to develop its own competing internal system and then applied for a patent under its own name, hindering Zest’s ability to bring it to market on a larger scale.

The Verdict

On May 13, 2025, a unanimous federal jury in Arkansas awarded Zest Labs $72.7 million in compensatory and $150 million in punitive damages against Walmart, more than the $115 million verdict handed down in 2021 which Walmart appealed.

Bartolomucci was part of the multi-firm team, including lead counsel Patrick Ryan of Bartko Pavia, second chair Kate Falkenstien of Blue Peak Law Group, and local counsel Scott Richardson of McDaniel Wolff.

“This legal victory is a small but crucial triumph for small businesses that often face exploitation by larger corporations, robbing them of the opportunity to bring their innovative solutions to the market. It marks a significant step toward ensuring justice and fair play in the business world,” said Gary Metzger, manager of Zest Labs.

“Walmart cannot steal technology from smaller innovators and get away with it. A jury of 11 Arkansans stood up and said it in their verdict,” said Scott Richardson.

About Schaerr | Jaffe

Schaerr | Jaffe is a Washington, D.C. boutique law firm dedicated to representing clients at trial, on appeal, during investigations, or during administrative proceedings. Our attorneys have deep experience in all stages of litigation and investigations, and we are routinely called upon to represent clients in high-profile, high-stakes cases across the country. www.schaerr-jaffe.com