filing_sections: 268

553 document sections with headings and summaries

Data license: Public court records

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section_id	filing_id	heading	summary
268	35	II.C. TUTSA Evidence	Elements established: (1) Ownership — Pohl sworn to own materials with independent economic value not generally known; same ownership evidence as conversion claim; defendants' 'illegal acquisition' argument is reiteration of failed barratry claims. (2) Protection — Pohl strictly limited access; informed Precision of confidential nature 'numerous times'; corroborated by Precision witnesses; physical security: top of Hancock Bank ('most secure location on the Coast'), 24-hour security, coded elevators, security cameras, files under lock and key, clearly labeled engagement agreements. Absence of written confidentiality provision with Precision does not defeat 'reasonable measures under the circumstances.' (3) Knowing misappropriation — statutory definition includes acquisition by improper means and use with knowledge of improper derivation; Kassab and Nicholson knew as lawyers it was improper to obtain attorney's client contracts from third party without authorization; agreement contained indemnity provision for Favre re claims from Pohl; Nicholson sent threatening letters to obtain Pohl's information; certain uses occurred after May 2017 Settlement Agreement. (4) Damages — direct damages from litigation defense, market value constituting unjust enrichment/reasonable royalty.