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1 2018-08-28 OP Pohl Original Petition — breach of settlement, conversion, TUTSA, conspiracy Plaintiffs' Original Petition asserting breach of settlement agreement, conversion, TUTSA trade secret misappropriation, and civil conspiracy against multiple defendants Initial filing commencing the lawsuit. Pohl and his law firm sue Favre, Precision, Kassab, Nicholson, and Montague for conduct arising from alleged theft and misuse of confidential client information and trade secrets. Filed August 28, 2018, assigned to the 189th District Court of Harris County, Texas, Cause No. 2018-58419. PLEAD-1 N/A Phase 1 2018-08-28_OP_Pohl-Original-Petition_FILED.pdf Judgment in Pohl's favor against all Defendants on all counts; actual damages within jurisdictional limits; injunctive relief under TUTSA § 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; and all other legal and equitable relief to which Pohl may be entitled 8/28/2018 5:05 PM Chris Daniel - District Clerk Harris County Envelope No. 27116535 - . By: Walter Eldrid 2018-58419 / Court: 189 ried ate at Cause No. MICHAEL POHL, et al § IN THE DISTRICT COURT OF § Plaintiff, § HARRIS COUNTY, TEXAS § § NG LANCE KASSAB, et al § © Defendants. § JUDICIAE DISTRICT a, PLAINTIFFS MICHAEL POHL’S AND LAW OFFICE OF MICHAEL A. POHL, PLLC’S ORIGINAL PETITION © SUMMARY” Y 1. Plaintiffs Michael Pohl and Law Ome of Michael A. Pohl, PLLC (sometimes 8 collectively “Pohl”) sue Defendants Scott Favre and cott M. Favre PA, LLC (collectively “Favre”); Precision Marketing Group, LLC crisis Lance Christopher Kassab and Lance Christopher © Kassab, P.C. D/B/A The Kassab ae (collectively “Kassab”); Tina Nicholson and Baker Nicholson, LLP D/B/A Baker Nso Law Firm (collectively “Nicholson”); and F. Douglas Montague III and Montague ear & Varnado, P.A. (collectively “Montague’”). Favre, Precision, Kassab, Nicholson, and Montague are collectively called “Defendants.” 2. Defendait engaged in a scheme pursuant to which they illegally obtained, 2~O maintained, and asd trade secrets and other confidential information and property belonging to Pohl. Favre'sand 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 and their counsel’s possession, custody, or control; to permanently delete such electronically-stored information; and not to cause any claim to be made or filed against Pohl. Favre and Precision also warranted that they had not caused any suit or action to be filed against Pohl. At the time, Ene and Precision had possession, custody, or control of all such information that they had previously provided to S Kassab and/or Montague because Favre’s and Precision’s agent and atoiney, Nicholson, was (and Sint currently is) Kassab’s and Montague’s co-counsel in the matters ag8 t Pohl. Pohl fully complied with his obligations under the agreement. Favre and Pei greased their obligations under the agreement. 4. Defendants knowingly and illegally<obtained and/or maintained confidential information and property that belongs to Pom exercised dominion and control over the O, information and property in a manner incon with Pohl’s rights of ownership—each of which constitutes actionable conversion. @ 5. The actions of a Defendants relative to the confidential information and property that they obtained, Ryaimtained, and used constitute misappropriation and violate the Texas Uniform Trade Spefet ‘hot Tex. Civ. Prac. & Rem Code, § 134A.001, et seg. (““TUTSA”). 6. Defendants entered into a combination with the object of unlawfully wes misappropriating Poh’ trade secrets and, in so doing, they engaged in one or more unlawful overt acts, inching stealing Pohl’s confidential information/property and using the -2- information/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 reli ef in an amount eS over $1,000,000.00. All conditions precedent to Pohl maintaining this action gee peeovering from Defendants have been performed or have occurred. & & DEFENDANTS eS Or 8. Scott Favre is a nonresident individual who is a hheegs public adjuster in Texas and who engages in business in Texas. He does not maintain a a place of business in Texas or a designated agent for service of process in Texas. Me By be served with citation and this petition: (a) at his office address at 7044 Stennis nee Kiln, Mississippi 39556; or (b) through the Texas Secretary of State under Tex. Civ. Prac Rem Code § 17.044(a) (1) and (b). O, 9. Scott M. Favre PA, LLC sf vonresiden limited liability company that engages in business in Texas. It does not maintain ayezular place of business in Texas or a designated agent for 2 O service of process in Texas. scoaR ere PA, may be served with citation and this petition: (a) by serving Scott Favre, the personae charge of Scott M. Favre PA, LLC’s business, at the address of the business, 7044 Stennis shor SSroad Kiln, Mississippi 39556; or (b) through the Texas Secretary of State under Tex. Ciy. Prac. & Rem. Code § 17.044(a)(1) or (b). NS 10. Precision is anonresident limited liability company that engages in business in Texas. © It does not eegihain a regular 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 charge of Precision’s business, at 7044 Stennis Airport Road, Kiln, Mississippi 39556; or (b) through the Texas Secretary of State under Tex. Civ. Prac. & Rem. Code § 17.044(a)(1) or (b). -3- 11. | Lance Christopher Kassab 1s an individual and resident of Texas. 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 Texas professional corporation. It may be served with citation and this petition by serving its ga agent, Lance Christopher Kassab: (a) at 1214 Elgin Street, Houston, Texas 77004; or (b) ass 14 Navarro Street, Houston, Texas 77056. 5 Ss NS 13. Tina Nicholson is an individual and a resident of Tex Tina Nicholson may be served with citation and this petition: (a) at 4306 Yoakum Blvdz Suite 400, Houston, Texas 77006; or (b) at 1607 Dove Ridge Drive, Katy, Texas 77493. © 14. Baker Nicholson, LLP D/B/A Baker wes Law Firm is a Texas limited liability partnership. It may be served with citation and wd paton (a) by serving its partner, Allison Baker, at 4306 Yoakum Blvd., Suite 400, Hous, Tvs 77006; or (b) by serving its partner, Tina Nicholson, at 4306 Yoakum Blvd., Suite 400, Houston, Texas 77006. 15. F. Douglas Mons a nonresident individual who engages in business in Texas. He does not maintain a regular place of business in Texas or a designated agent for service of process in Texas. Mr. Monae yb 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 Tex. NS Civ. Prac. & Ret Code § 17.044(a)(1) or (b). 16 << Moa 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 -4- and the person in charge of its business, at 525 Main Street, Hattiesburg, Mississippi 39401; or (b) through the Texas Secretary of State under Tex. Civ. Prac. & Rem. Code § 17.044(a) (1) or (b). JURISDICTION/VENUE 17. The damages that Pohl seeks in this case are within the Junsdictional ‘mits of this Court. The Court has jurisdiction over Defendants because they have the on minimum contacts with Texas, which include engaging in business in Texas, committing torts in Texas and, as to some of them, residing in Texas. Further, Favre and Precision conlinted with Pohl, a Texas NS resident at the time, for Pohl to perform the contract at issue in we in part in Texas. This case arises out of business done in Texas by Defendants. GP 18. Venue is proper in Harris County under ress? Prac. & Rem. Code §§ 15.002 and 15.062. ’ BACKGRO SOND 19. Pohl is a lawyer who reseed various persons and entities in claims arising from motor vehicle accidents and the British Petroleum Deepwater Horizon oil spill. Scott Favre, individually and/or through Scott nd Pare PA, LLC, is the managing member of Precision, a public relations and marketing firm. Nein is a lawyer who represented Favre and Precision, including for purposes of the lent agresnen mentioned above. At the time the agreement was entered into and still today, Nieholson was also Kassab’s and Montague’s co-counsel in connection with | oO claims that theyre prosecuting against Pohl. 20. Pol 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 clients/prospective -5- clients, as well as their detailed contact information. The information and property also included actual attorney-client fee agreements with clients/prospective clients, other confidential communications between the clients/prospective clients and Pohl, specialized legal forms that had been prepared in compliance with various state laws after consultation with local <qunsel in those jurisdictions, Pohl’s proprietary administrative client forms, eset prepared in accordance with the laws of various states, internal emails, propriety marketing ¢nformation and other trade secrets, and other work product relating claims of Pohl’s clients and prospective clients. Favre | | oe & and Nicholson also gained access to the information. a 21. Favre and Precision, with Nicholson or with Nighdlson’s active and knowing and intentional assistance, illegally misappropriated Pohl’s woibeey and confidential information and property, which included information about and/or sxinsicaons with as many as 10,000 or more of Pohl’s clients/prospective clients. Favre and rch with Nicholson or with Nicholson’s active and knowing and intentional assistance, ase physical copies of certain of the information, stole Pohl’s computers, and misappropriated electronic data to which they had access through Precision’s work for Pohl. Favre, with Nichison or with Nicholson’s active and knowing and intentional assistance, then secretly iB stolen confidential information and property to Kassab and Montague, striking a eh arin Kassab and Montague paid Favre $250,000.00 in cash together with substantial bonuses Kassab and Montague knew that the information and property that they _ @O: | were purchasing was stolen and not Favre’s and/or Nicholson’s to sell. 22 Kast is alawyer who specializes in suing other lawyers and who, upon information and belief, has worked with Montague in this connection in the past. Kassab saw the value of Pohl’s stolen and misappropriated confidential information and property because it provided him the ability to contact and solicit Pohl’s clients/prospective clients. Using the stolen confidential information and -6- 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. 23. The actions of Favre and Precision, in addition to being tortious and in viglation of Texas law, were in direct violation and breach of the settlement agreement, which salhindn contract. More specifically, a dispute arose resulting in a lawsuit in federal court in Mississippi, styled No. 1:14-cv-381-KS-JCG, Scott Walker, et al. v. Jimmy Williamson, et al. ee United States District Court For The Southern District of Mississippi, Southern Division That lawsuit was resolved pursuant to a Confidential Settlement Agreement, executed ny late April/early May 2017 (the “Settlement Agreement’). Nicholson represented raya? Precision in connection with the Settlement Agreement, including its execution, sige same time serving as co-counsel with Kassab and Montague for the claims now being so against Pohl. 24. The Settlement Agreement as cute by Favre, as managing member of Precision and on behalf of Scott M. Favre PA, Ligand by Pohl. The Settlement Agreement expressly provides that Favre and Precision will return 6 Poh all originals and all copies of documents in their and their counsel’s possession, custody, er Sn that concern and/or identify all past or current clients and/or prospective clients of Poland that Favre and Precision will delete all such electronically-stored information. At the ine Nicholson was not only Favre’s and Precision’s agent and counsel in connection with ite Settlement Agreement; she was also Kassab’s and Montague’s co-counsel in coecon hh claims now being made against Pohl in various cases. At the time, therefore, Favre and Precision (and their counsel, Nicholson) had possession, custody, or control of all such documents and information that they had previously provided to Kassab or Montague. All of those documents and all of that information were subject to the Settlement Agreement. -7- 25. Favre and Precision, with Nicholson’s active and knowing and intentional assistance, violated the express terms of the Settlement Agreement by failing to return all of the documents and information as required by the agreement and by failing to permanently delete all of the electronically- stored information as required by the agreement. This includes documents and information that they had previously sold or otherwise provided to Kassab or Montague. oe 26. The Settlement Agreement also provided that Favre and Precisigi would not cause any claim, complaint, or legal action to be filed or made against Pohl. Five and Precision further warranted and represented that they had not caused any suit or sion oe filed against Pohl. Favre and Precision breached these provisions of the Settlement Agreantent by, inter alia, causing claims, complaints, and legal actions to be filed and/or row in Pohl. The very existence of the cases that Kassab, Montague, and/or Nicholson wegeuing against Pohl is a breach of the Settlement Agreement. iS 27. In addition, all Defendants cower Pohl’s confidential information/property by knowingly and unlawfully assuming, “and exercising dominion and control over that information/property in a way thas nconsistent with Pohl’s ownership. Each of the Defendants, individually and in cba each other, misappropriated Pohl’s trade secrets in violation of the TUTSA by nl obtaining and using Pohl’s confidential and trade secret information/property ipluding using that information/property to file cases against Pohl. 28. Paraaphs 1 through 7 and 17 through 27 are incorporated into all following paragraphs of this ri -8- CAUSES OF ACTION Count One: Breach of Contract (Against Favre And Precision) 29. Favre and Precision are bound by the terms of the Settlement Agreement. Pohl timely and fully performed the Settlement Agreement. Favre and Precision breached the Settlement Agreement. Their breaches include causing claims to be made against Pohl; custom and legal actions to be filed against Pohl; Favre’s assisting Kassab and his co-gounsel, Montague and Nicholson, in pursuing claims, complaints, and actions against Pohl; not ern to Pohl the required information, including information that had previously been provided‘ Kassab or Montague; and not permanently deleting the required electronically-stored inf@tyation, including information that had previously been provided to Kassab. Favre’s and Pes breaches resulted in damages to Pohl. < Count Two: Cones ein A Defendants) 30. In stealing Pohl’s a confidential information, Favre, Precision, and Nicholson have wrongfully assumed and exercised dominion and control over Pohl’s property in contravention of Pohl’s rights as otis that property. 31. In knowingly purchasing the stolen information, Kassab and Montague have wrongfully exercised sei and control over Pohl’s property in contravention of Pohl’s nghts as owner of that property, © oO 32. In Knowingly maintaining and using the stolen information, all Defendants have vrngtly eerie dominion and control over Pohl’s property in contravention of Pohl’s nghts as owner of that property. 33, Pohl owned and owns the information/property, and Favre and Precision (with Nicholson or with Nicholson’s active and knowing and intentional assistance) stole the -9- information/property and sold it to Kassab and Montague. Kassab and Montague knowingly purchased the stolen information/property. Pohl has been damaged thereby. Count Three: Violation of TUTSA (Against All Defendants) 34, Pohl maintained information regarding his clients/prospective clients oa contact information and related data, as well as other information concerning his (rte of law, as confidential trade secret information. Pohl took substantial measures to main the confidentiality of that information. That information has independent economic alu om not being generally known to, and not readily being ascertainable through proper means by another person who can obtain economic value from the disclosure or use of the fomation 35, Favre, Precision, and Nicholson vaya maliciously misappropriated Pohl’s trade secrets by acquiring them through improper RO specifically, by theft. See Tex. Civ. Prac. & Rem. Code § 134A.002(2), (3)(A). ~S Ci 36. Favre, Precision, and Nihon wily and maliciously misappropriated Pohl’s trade secrets by disclosing them to Kassab and Montague (who purchased the trade secret information knowing that it had been stolen) van i express or complied consent of Pohl. See Tex. Civ. Prac. & Rem. Code § 134A.002(3)(B), 37. All Detnts willfully and maliciously misappropriated Pohl’s trade secrets by using them without, the expres or implied consent of Pohl. See Tex. Civ. Prac. & Rem. Code § 1344. 0028 ,B) © Sy Count Four: Civil Conspiracy (Against All Defendants) 38. 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 -10- misappropriation of Pohl’s trade secrets, which were unlawful and which proximately caused damages to Pohl. DAMAGES 39, Pohl seeks actual damages within the jurisdictional limits of this Coury AO. Pohl seeks injunctive relief pursuant to Tex. Civ. Prac. & Rem. goes 134A.003. 4l. Pohl seeks exemplary damages pursuant to Tex. Civ. Prac. & Rem. Code §§ 41.001, S et seg, and 134A.004(b). 5 ss eh 42. Pohl seeks attorney’s fees pursuant to Tex. Civ. Prag, $ em. Code §§ 38.001, e¢ seq, and 134A.005 & 43. Pohl seeks pre-judgment and ros udameitces TRIAL BY Y 44. Pohl requests trial by jury and supe the appropriate jury fee. ©, CONCLUSION 45, Pohl requests that judgprent be entered in Pohl’s favor and against Defendants on nS) the counts and as requested “oe for such other and further or alternative relief (legal and equitable) to which Pohl may be cntitled. Dated: August 28, 218. Respectfully submitted, OS Reynolds Frizzell LLP © &S By: _/s/ Jean C. Frizzell © Jean C. Frizzell GW State Bar No. 07484650 S 1100 Louisiana St., Suite 3500 Houston, Texas 77002 Tel. 713.485.7200 Fax 713.485.7250 jfrizzell@reynoldsfrizzell.com Attorneys for Plaintiffs Michael Pohl and Law Office of Michael A. Pohl, PLLC -11-

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