filing_id,date,doc_type,party,description,doc_type_detail,procedural_posture,chain,outcome,phase,filename,relief_requested,full_text
14,2018-11-30,AP,Pohl,Pohl’s 1st Amended Petition,"Pohl's First Amended Petition asserting four causes of action (breach of contract, conversion, TUTSA violations, civil conspiracy) against all defendants","Filed November 30, 2018 in Cause No. 2018-58419, 189th Judicial District Court, Harris County, Texas. Amended pleading filed approximately three months after the original petition (August 28, 2018). Filed during the pendency of Kassab's TCPA motion to dismiss. Adds detail to factual allegations and refines causes of action. This is the operative petition in Phase 1. Jury trial demanded.",PLEAD-1,N/A,Phase 1,2018-11-30_AP_Pohl-1st-Amended-Petition_FILED.pdf,Judgment against all defendants; actual damages within jurisdictional limits; injunctive relief under § 134A.003; exemplary damages under §§ 41.001 et seq. and 134A.004(b); attorney's fees under §§ 38.001 et seq. and 134A.005; pre-judgment and post-judgment interest; trial by jury,"11/30/2018 9:45 PM
Chris Daniel - District Clerk Harris County
Envelope No. 29415016
By: ARIONNE MCNEAL
Filed: 11/30/2018 9:45 PM
CAUSE NO. 2018-58419
MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURT OF
MICHAEL A. POHL, PLLC, §
Plaintiffs, §
V. § k
§ e
SCOTT FAVRE and SCOTT M. FAVRE PA, § C l
LLC; PRECISION MARKETING GROUP, § HARRIS COUNTY, TEXAS
LLC; LANCE CHRISTOPHER KASSAB and § c
LANCE CHRISTOPHER KASSAB, P.C. d/b/a § r
THE KASSAB LAW FIRM; TINA § s
NICHOLSON and BAKER NICHOLSON, §
LLP d/b/a BAKER NICHOLSON LAW § s
FIRM; and DOUGLAS MONTAGUE III and § s
MONTAGUE PITTMAN & VARNADO, P.A., §
Defendants. § r189TH JUDICIAL DISTRICT
PLAINTIFFS MICHAEL POHL AND LAW OyFFICE OF MICHAEL A. POHL, PLLC’S
FIRST AMENDiED PETITION
fSUMMARY
1. Plaintiffs Michael Pcohl and Law Office of Michael A. Pohl, PLLC (sometimes
collectively “Pohl”) sue DefendOants Scott Favre and Scott M. Favre PA, LLC (collectively “Favre”);
Precision Marketing Groupp, LLC (“Precision”); Lance Christopher Kassab and Lance Christopher
Kassab, P.C. D/B/A The Kassab Law Firm (collectively “Kassab”); Tina Nicholson and Baker
Nicholson, LLP Di/B/A Baker Nicholson Law Firm (collectively “Nicholson”); and F. Douglas
Montague III oand Montague Pittman & Varnado, P.A. (collectively “Montague”). Favre, Precision,
Kassab, Nicholson, and Montague are collectively called “Defendants.”
2. Defendants engaged in a scheme pursuant to which they illegally obtained,
maintained, and used trade secrets and other confidential information and property belonging to
Pohl. Favre and Precision’s actions are in breach of a settlement agreement to which Pohl, Favre,
and Precision are parties, and all Defendants’ actions constitute the torts of conversion and
violations of the uniform trade secrets act, as well as conspiracy.
3. More specifically, Favre and Precision executed a settlement agreement with Pohl
pursuant to which they agreed to return to Pohl certain information in their andk their counsel’s
possession, custody, or control; to permanently delete such electronically-storeld information; and
not to cause any claim to be made or filed against Pohl. Favre and Precicsion also warranted that
they had not caused any suit or action to be filed against Pohl. Psohl fully complied with his
obligations under the agreement. Favre and Precision breachsed and continue to breach their
obligations under the agreement by causing claims to be made or filed against Pohl.
4. Defendants knowingly and illegally obtained and/or used confidential information
and property that belongs to Pohl, and exercised dominion and control over the information and
property in a manner inconsistent with Pohla’s rights of ownership—each of which constitutes
actionable conversion. 
5. The actions of each ofe the Defendants relative to the confidential information and
property that they obtained, mafintained, and used constitute misappropriation and violate the
Texas Uniform Trade Secretys Act. Tex. Civ. Prac. & Rem Code, § 134A.001, et seq. (“TUTSA”).
6. DefendaCnts entered into a combination with the object of unlawfully
misappropriating Pohl’s trade secrets and, in so doing, they engaged in one or more unlawful overt
acts, includinf fg stealing Pohl’s confidential information/property and using the
informatiUon/property for their own gain. Pohl has suffered damages as a proximate result of
Defendants’ conduct.
7. Pohl brings this action to recover damages and other relief for Defendants’ breach of
contract, conversion, violations of TUTSA, and conspiracy. Pohl seeks monetary relief in an amount
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over $1,000,000.00. All conditions precedent to Pohl maintaining this action and recovering from
Defendants have been performed or have occurred.
DEFENDANTS
8. Scott Favre is a nonresident individual who is a licensed public adjuskter in Texas and
who engages in business in Texas. He does not maintain a regular place of busliness in Texas or a
designated agent for service of process in Texas. Mr. Favre may be servced with citation and this
petition: (a) at his office address at 7044 Stennis Airport Road, Kiln, Misssissippi 39556; or (b) through
the Texas Secretary of State under Texas Civil Practice and Remsedies Code Sections 17.044(a)(1)
and (b).
9. Scott M. Favre PA, LLC is a nonresident limited liability company that engages in
business in Texas. It does not maintain a regular place of business in Texas or a designated agent for
service of process in Texas. Scott M. Favre PAa, may be served with citation and this petition: (a) by
serving Scott Favre, the person in charge of Scott M. Favre PA, LLC’s business, at the address of the
business, 7044 Stennis Airport Road, eKiln, Mississippi 39556; or (b) through the Texas Secretary of
State under Texas Civil Practice anfd Remedies Code Sections 17.044(a)(1) or (b).
10. Precision is a ynonresident limited liability company that engages in business in Texas.
It does not maintain a rCegular place of business in Texas or a designated agent for service of process
in Texas. Precision may be served with citation and this petition: (a) by serving Scott Favre, the
person in chargfef of Precision’s business, at 7044 Stennis Airport Road, Kiln, Mississippi 39556; or
(b) througUh the Texas Secretary of State under Texas Civil Practice and Remedies Code Sections
17.044(a)(1) or (b).
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11. Lance Christopher Kassab is an individual and resident of Texas. He is an attorney
who specializes in legal malpractice claims. He may be served with citation and this petition: (a)
at 1214 Elgin Street, Houston, Texas 77004; or (b) at 5314 Navarro Street, Houston, Texas 77056.
12. Lance Christopher Kassab, P.C. D/B/A The Kassab Law Firm is a Tekxas professional
corporation. It may be served with citation and this petition by serving its regilstered agent, Lance
Christopher Kassab: (a) at 1214 Elgin Street, Houston, Texas 77004; or (bc) at 5314 Navarro Street,
Houston, Texas 77056. s
13. Tina Nicholson is an individual and a resident ofs Texas. She is an attorney. Tina
Nicholson may be served with citation and this petition: (a) at 4306 Yoakum Blvd., Suite 400,
Houston, Texas 77006; or (b) at 1607 Dove Ridge Drive, Katy, Texas 77493.
14. Baker Nicholson, LLP D/B/A Baker Nicholson Law Firm is a Texas limited liability
partnership. It may be served with citation and athis petition: (a) by serving its partner, Allison Baker,
at 4306 Yoakum Blvd., Suite 400, Houston, Texas 77006; or (b) by serving its partner, Tina
Nicholson, at 4306 Yoakum Blvd., Sueite 400, Houston, Texas 77006.
15. F. Douglas Montagfue III is a nonresident individual who engages in business in Texas.
He does not maintain a regulayr place of business in Texas or a designated agent for service of process
in Texas. Mr. MontaguCe may be served with citation and this petition: (a) at his office address at 525
Main Street, Hattiesburg, Mississippi 39401; or (b) through the Texas Secretary of State under Texas
Civil Practice afnfd Remedies Code Sections 17.044(a)(1) or (b).
16U. Montague Pittman & Varnado, P.A. is a non-resident professional association that
engages in business in Texas. It does not maintain a regular place of business in Texas or a designated
agent for service of process in Texas. Montague Pittman & Varnado, P.A. may be served with citation
and this petition: (a) by serving F. Douglas Montague III, its registered agent for services of process
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and the person in charge of its business, at 525 Main Street, Hattiesburg, Mississippi 39401; or (b)
through the Texas Secretary of State under Texas Civil Practice and Remedies Code Sections
17.044(a) (1) or (b).
JURISDICTION/VENUE k
17. The damages that Pohl seeks in this case are within the jurisdicltional limits of this
Court. The Court has jurisdiction over Defendants because they have cthe necessary minimum
contacts with Texas, which include engaging in business in Texas, comsmitting torts in Texas and, as
to some of them, residing in Texas. Further, Favre and Precission contracted with Pohl, a Texas
resident at the time, for Pohl to perform the contract at issue in whole or in part in Texas. This case
arises out of business done in Texas by Defendants.
18. Venue is proper in Harris County under Texas Civil Practice and Remedies Code
Sections 15.002 and 15.062. a
BACKGROUND
19. Pohl is a lawyer who reepresented various persons and entities in claims arising from
motor vehicle accidents and the Bfritish Petroleum Deepwater Horizon oil spill. (See the attached
Declaration of Michael Pohl, yExhibit A, ¶ 3). Scott Favre, individually and/or through Scott M. Favre
PA, LLC, is the managiCng member of Precision, a public relations and marketing firm. Nicholson is
a lawyer who represented Favre and Precision, including for purposes of the settlement agreement
mentioned abovf fe as well as in facilitating the sale of Pohl’s confidential and proprietary information
and propeUrty to Kassab and Montague. At the time the settlement agreement was entered into and
still today, Nicholson was also Kassab and Montague’s co-counsel in connection with claims that
they are prosecuting against Pohl.
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20. Pohl engaged Precision for a period of time to provide public relations services, to
gather and preserve evidence, and to screen and liaise with Pohl’s clients/prospective clients. While
working for Pohl, Precision gained access to Pohl’s confidential and proprietary information and
property, including trade secret materials, that included the identities of Pohl’s clikents/prospective
clients, as well as their detailed contact information. The information and prolperty also included
actual attorney–client fee agreements with clients/prospective clients, comcpilations of clients, other
confidential communications between the clients/prospective clients ands Pohl, specialized legal forms
that had been prepared in compliance with various state laws aftesr consultation with local counsel in
those jurisdictions, Pohl’s proprietary administrative client forms, fee-agreement forms prepared in
accordance with the laws of various states, internal emails, propriety marketing information and other
trade secrets, and other work product relating to claims of Pohl’s clients and prospective clients.
Despite Favre and Precision’s claims to the conatrary, these materials belonged to Pohl, not Precision.
Favre and Nicholson also ultimately gained access to the information.
21. Favre and Precision iellegally misappropriated Pohl’s proprietary and confidential
information and property describedf above, which included information about and/or communications
with as many as 10,000 or ymore of Pohl’s clients/prospective clients. Favre and Precision stole
physical copies of certaCin of the information, stole Pohl’s computers, and misappropriated electronic
data to which they had access through Precision’s work for Pohl. Favre, with Nicholson or with
Nicholson’s acftfive and knowing and intentional assistance, then secretly sold Pohl’s stolen
confidentUial information and property to Kassab and Montague.
22. As Kassab himself indicated in a sworn affidavit: “Favre and his counsel, Tina
Nicholson (‘Nicholson’), provided me with information from Precision Marketing’s files, including
the names and addresses of Pohl’s former clients or prospective clients.” This information, which
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included compilations of former, current and prospective clients—as well as actual engagement
agreements—did not belong to Precision, however. As with any law firm, information such as
compilations of former, current and prospective clients, belong to the law firm itself. Thus,
Nicholson’s active, knowing and intentional assistance included brokering the illegakl sale of Pohl’s
information and property as well as actually providing such information and proplerty to Kassab.
23. Favre and Precision, with the assistance of Nicholson, strucck a rich bargain; Kassab
and Montague paid Favre $250,000.00 in cash together with substsantial bonuses. Kassab and
Montague knew that the information and property that they were psurchasing was stolen and not Favre
and/or Nicholson’s to sell. (A true and correct copy of the agreement to sell Pohl’s information is
attached hereto as Exhibit B). Favre, Precision, and Nicholson likewise knew that the information
and property that they were selling or helping to sell was stolen and belonged to Pohl.
24. Like Favre and Precision, Nichoalson was also motivated to participate in and facilitate
the illegal transaction with Kassab and Montague described above in furtherance of her own business.
As a direct result of the transaction aned Nicholson’s role in the transaction, Kassab and Nicholson
have apparently successfully solicfited clients for whom Nicholson is now co-counsel with Kassab.
Nicholson is a lawyer primaryily in the business of obtaining legal work and providing legal services.
Nicholson obtains legaCl work either through directly obtaining clients or entering into co-counsel
relationships with other counsel. Her participation in the illegal transaction described above and the
conduct for whfifch she is being sued was done for the purpose of and resulted in her obtaining a co-
counsel reUlationship with Kassab and thereby gaining the opportunity to provide legal services.
25. The theft, sale and unlawful disclosure of Pohl’s proprietary, confidential and trade
secret information was made even more egregious by the fact that from the outset of the relationship
between Pohl and Precision, Pohl made clear to Precision and its representatives the confidential
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nature of the above listed information. Precision and its representatives expressed their understanding
of the confidential and proprietary nature of the information and that the information belonged to
Pohl.
26. Kassab is a lawyer who specializes in suing other lawyers and who, ukpon information
and belief, has worked with Montague in this connection in the past. Kassab sawl the value of Pohl’s
stolen and misappropriated confidential information and property because ict provided him the ability
to contact and solicit Pohl’s clients/prospective clients. As noted prevsiously, included in the stolen
information purchased by Kassab and Montague were actual engsagement agreements between Pohl
and his clients. (Attached as Exhibit C hereto is an email between Montague and Kassab and copying
Nicholson dated December 7, 2016 reflecting the transfer of actual engagement agreements to
Kassab).
27. Kassab and Montague had to knaow that the information and property they purchased
for a non-refundable $250,000.00 along with promises of future payments was stolen. Nicholson
likewise had to know that the informaetion and property that she assisted in selling was stolen. Any
attorney, and especially an attornefy specializing in legal malpractice, would know not to purchase or
sell another law firm’s engagyement agreements, client compilations and other materials from a third-
party. C
28. The fact that Kassab, Montague and Nicholson all knew that the information and
property involvfefd in the sale was stolen is further evidenced by terms of the purchase agreement itself.
That agreUement obligates Kassab and Montague to indemnify Favre from claims that Pohl might
bring—making clear that everyone understood that Pohl might assert a claim. Indemnity would be
unnecessary if Favre owned the materials or if they were publicly known.
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29. Using the stolen confidential information and property that he knowingly purchased,
Kassab solicited those clients/prospective clients to act as plaintiffs and, joined by Nicholson and
Montague, to bring cases against Pohl for alleged barratry and other claims.
30. The actions of Favre and Precision, in addition to being tortious andk in violation of
Texas law, were in direct violation and breach of the settlement agreement, lwhich is a binding
contract. More specifically, a dispute arose resulting in a lawsuit in federal ccourt in Mississippi, styled
No. 1:14-cv-381-KS-JCG, Scott Walker, et al. v. Jimmy Williamson,s et al., In The United States
District Court For The Southern District of Mississippi, Soutshern Division. That lawsuit was
resolved pursuant to a Confidential Settlement Agreement, executed in late April/early May 2017 (the
“Settlement Agreement”). Nicholson represented Favre and Precision in connection with the
Settlement Agreement, including its execution, while at the same time serving as co-counsel with
Kassab and Montague for the claims now beinga asserted against Pohl.
31. The Settlement Agreement was executed by Favre, as managing member of Precision
and on behalf of Scott M. Favre PA, LLeC, and by Pohl. The Settlement Agreement expressly provides
that Favre and Precision will returnf to Pohl all originals and all copies of documents in their and their
counsel’s possession, custodyy, or control that concern and/or identify all past or current clients and/or
prospective clients of PCohl, and that Favre and Precision will delete all such electronically-stored
information. At the time, Nicholson was not only Favre and Precision’s agent and counsel in
connection witfhf the Settlement Agreement; she was also Kassab and Montague’s co-counsel in
connectioUn with the claims now being made against Pohl in various cases.
32. The Settlement Agreement also provided that Favre and Precision would not cause
any claim, complaint, or legal action to be filed or made against Pohl. Favre and Precision further
warranted and represented that they had not caused any suit or action to be filed against Pohl. Favre
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and Precision breached these provisions of the Settlement Agreement by, inter alia, causing claims,
complaints, and legal actions—not their own—to be filed and/or prosecuted against Pohl. The very
existence of the cases that Kassab, Montague, and/or Nicholson are prosecuting against Pohl is a
breach of the Settlement Agreement. k
33. In addition, as described above and in conjunction with the sale ofl Pohl’s information
and property to Kassab and Montague, all Defendants convertced Pohl’s confidential
information/property by knowingly and unlawfully assuming and exesrcising dominion and control
over that information/property in a way that was inconsistent wisth Pohl’s ownership. Each of the
Defendants, individually and in combination with each other, misappropriated Pohl’s trade secrets in
violation of the TUTSA by unlawfully obtaining and using Pohl’s confidential and trade secret
information/property in the sale of such information/property to Kassab and Montague and continuing
to use Pohl’s information and property to soliciat cases against Pohl.
34. Paragraphs 1 through 7 and 19 through 33 are incorporated into all following
paragraphs of this petition. In additione, attached hereto as Exhibit D is the affidavit of Billy Shepherd
and certain information confirminfg and further explaining the claims asserted herein.
y CAUSES OF ACTION
CounCt One: Breach of Contract (Against Favre and Precision)
35. Favre and Precision are bound by the terms of the Settlement Agreement. Pohl timely
and fully perfofrmed the Settlement Agreement. Favre and Precision breached the Settlement
AgreemenUt by assisting and continuing to assist in the manufacture and prosecution of claims against
Pohl. Their breaches include causing claims to be made against Pohl; causing complaints and legal
actions to be filed against Pohl; and Favre’s assisting Kassab and his co-counsel, Montague and
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Nicholson, in pursuing claims, complaints, and actions against Pohl. Favre and Precision’s breaches
resulted in damages to Pohl.
Count Two: Conversion (Against All Defendants)
36. In selling Pohl’s proprietary and confidential information, Favre,k Precision, and
Nicholson have wrongfully assumed and exercised dominion and control ovCer Pohl’s property in
contravention of Pohl’s rights as owner of that property. c
37. In knowingly purchasing the stolen information, Kassab and Montague have
wrongfully exercised dominion and control over Pohl’s property sin contravention of Pohl’s rights as
owner of that property. g
38. In knowingly maintaining and using the Bstolen information and property since the sale
of said information and property to Kassab and Moyntague, all Defendants have wrongfully exercised
dominion and control over Pohl’s property in coantravention of Pohl’s rights as owner of that property.
Pohl owned and owns the information/prof perty, and Favre and Precision (with Nicholson or with
Nicholson’s active and knowing and intentional assistance as described above) disclosed the
information/property and sold it fto Kassab and Montague. Kassab and Montague knowingly
purchased the stolen information/property. Pohl has been damaged thereby in an amount in excess
of $250,000 which is thCe price that Kassab and Montague paid for Pohl’s information and property.
Count Three: Violation of TUTSA (Against All Defendants)
39. Pfohl maintained information regarding his clients/prospective clients and their contact
information and related data including compilations of former, current and prospective clients, as well
as other information concerning his practice of law, as confidential trade secret information. Pohl
took substantial measures to maintain the confidentiality of that information and obtained assurances
from Precision that Precision would maintain the confidentiality of Pohl’s information. That
information has independent economic value from not being generally known to, and not readily
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being ascertainable through proper means by, another person who can obtain economic value from
the disclosure or use of the information. The value of the information exceeds $250,000, which is the
price Kassab and Montague paid to obtain Pohl’s information.
40. Favre, Precision, and Nicholson willfully and maliciously misapprkopriated Pohl’s
trade secrets by acquiring them through improper means—specifically, by theft. l See Tex. Civ. Prac.
& Rem. Code § 134A.002(2), (3)(A). c
41. Favre, Precision, and Nicholson willfully and maliciosusly misappropriated Pohl’s
trade secrets by disclosing them via sale to Kassab and Montaguse (who purchased the trade secret
information knowing that it had been stolen) without the express or complied consent of Pohl. See
Tex. Civ. Prac. & Rem. Code § 134A.002(3)(B).
42. All Defendants willfully and maliciously misappropriated Pohl’s trade secrets by
using them without the express or implied coansent of Pohl. See Tex. Civ. Prac. & Rem. Code §
134A.002(3)(B). 
Count Four: Civeil Conspiracy (Against All Defendants)
43. Acting in combination with the agreed object of misappropriating Pohl’s trade secrets
and converting Pohl’s property, each of the Defendants committed overt acts toward the unlawful
misappropriation of Pohl’s trade secrets, which were unlawful and which proximately caused
damages to Pohl. c
DAMAGES
44. Pohl seeks actual damages within the jurisdictional limits of this Court.
45. Pohl seeks injunctive relief pursuant to Texas Civil Practice and Remedies Code
Section 134A.003.
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46. Pohl seeks exemplary damages pursuant to Texas Civil Practice and Remedies Code
Sections 41.001, et seq, and 134A.004(b).
47. Pohl seeks attorney’s fees pursuant to Texas Civil Practice and Remedies Code
Sections 38.001, et seq, and 134A.005. k
48. Pohl seeks pre-judgment and post-judgment interest. l
TRIAL BY JURY c
49. Pohl requests trial by jury and has submitted the appropsriate jury fee.
CONCLUSION s
50. Pohl requests that judgment be entered in Pohl’s favor and against Defendants on the
counts and as requested above, and for such other and further or alternative relief (legal and equitable)
to which Pohl may be entitled.
Dated: November 30, 2018 M
Respectfully submitted,
REYNOLDS FRIZZELL LLP
By: /s/ Jean C. Frizzell
y Jean C. Frizzell
State Bar No. 07484650
 1100 Louisiana St., Suite 3500
Houston, Texas 77002
c Tel. 713.485.7200
f f Fax 713.485.7250
jfrizzell@reynoldsfrizzell.com
Attorneys for Plaintiffs Michael Pohl
and Law Office of Michael A. Pohl, PLLC
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document was served on all counsel of
record pursuant to the Texas Rules of Civil Procedure on this 30th day of November, 2018.
/s/ Jean C. Frizzell k
Jean C. Frizzell e
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