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64 2023-12-22 ORD Court FINAL JUDGMENT: $6,310,039.34 Final Judgment entered by the 281st District Court, Harris County, Texas, awarding Pohl and LOMAP $6,310,039.34 against Kassab and LCKPC jointly and severally, including $1,453,040 in actual damages, $1,232,013 in trial attorneys' fees, $3,000,000 in exemplary damages, $624,986.34 in prejudgment interest, conditional appellate attorneys' fees escalating total to $6,685,039.34 if proceedings go through Supreme Court of Texas oral argument, and postjudgment interest at 8.5% compounded annually. Incorporates full jury charge and verdict as Exhibit 1. Final judgment signed December 22, 2023 by Judge Christine Weems of the 281st District Court, Harris County, Texas, resolving all claims in Cause No. 2018-58419. The court granted Pohl's Motion for Entry of Final Judgment after considering the motion, responses, replies, other briefing, arguments of counsel, and the pleadings. Trial commenced August 21, 2023; jury rendered verdict August 31, 2023. JDGMT-1 $6.3M JUDGMENT Phase 5 2023-12-22_ORD_Final-Judgment_SIGNED.pdf   ‘nity BD Slater eieee DEC 22 2023 «= Pas? - CAUSE NO. 2018-58419 Time:_____2 A oe VIONEX By pare AA- DC MICHAEL A. POHL AND LAW OFFICE OF § IN THE DISTRICT COURS@F UC ~aTFex MICHAEL A. POHL, PLLC, § 9A Plaintiffs, § § § @ | § HARRIS COUNTY, TEXAS LANCE CHRISTOPHER KASSAB and § ~~ Pg: 3 q LANCE CHRISTOPHER KASSAB, P.C. d/b/a § 6 Re THE KASSAB LAW FIRM § SN Defendants. § 281ST JUDICIAL DISTRICT FINAL JUDGMENT : : 1. On August 21, 2023, this case was called to trial? Plaintiff Michael Pohl (“Pohi’’) . and the Law Office of Michael A. Pohl, PLLC CLOMAR*pppere in person and through their - Q) attorneys and announced ready for trial. Detnda Lac Christopher Kassab (“Kassab”) and Lance Christopher Kassab, P.C. d/b/a The Kassib La Firm (“LCKPC”) appeared in person and ( O, through their attorneys and announced ready fri The Court determined that it had jurisdiction over the subject matter of this lawsuitGnd the parties to this lawsuit. Thereafter, the Court instructed, empaneled, and an which heard the evidence and arguments of counsel. The Court submitted instructidas) efinitions, and questions to the jury, and in response, the jury ‘made findings that this Cassie filed, and entered of record. Counsel for Pohl and LOMAP orally moved for Bee Court to accept the jury’s verdict, which the Court granted on the record. . ( 2. The instructions, definitions, and questions submitted to the jury, and the jury’s uwS - . findings, are atached to this Final Judgment as Exhibit 1 and are incorporated into this Final Judgment, > 3. Prior to trial, Pohl and LOMAP settled with certain former defendants to this lawsuit for payments to Pohl and LOMAP that total $765,000.00 in the aggregate (the “Settlement Credit”). . . a EXHIBIT B oe RECORDER'S MEMORANDUM | This instrument is of poor quality \ { at the time of imaging ‘ 4, Pohl and LOMAP have filed a motion for judgment on the jury’s verdict (the “Motion”), which the Court has carefully considered and grants after considering the Motion, any ‘ response to the Motion, any reply to the response to the Motion, any other briefing, any arguments of counsel, and the pleadings. The Court ORDERS, ADJUDGES, and DECREES that final @) judgment is rendered in favor of Poh! and LOMAP, and against Kassab and LEKPC, as set forth herein. 9, &y S 5. The Court ORDERS, ADJUDGES, and DECREES ee a) Pohl and LOMAP have and recover from Kasey and LCKPC, jointly and severally, damages in the amount of)$1,453,040.00, which represents the sum of the jury’s answers Question Nos. 7(1)(a) through 7(1)(f) and Question Nos. 7(2) arough 7(3), less the Settlement Credit; and b) Pohl and LOMAP have and reco 2. Kassab and LCKPC, jointly and severally, damages in the amounts of: SS i) $1,232,013.00 for. eys’ fees incurred by Pohl and LOMAP for entation through trial and the completion ofproceedings in the trial court in this lawsuit; plus © iti) $175,0 0 tor attorneys’ fees to be incurred by Pohl and P for representation through an appeal(s) to the Cc} tt of Appeals, if Pohl and/or LOMAP are S sful in that appeal(s) or are successful in uent proceedings before the Supreme Court of 6 ; plus tis $55,000.00 for attorneys” fees to be incurred by Pohl and LO LOMAP for representation at the petition for review ; Ae) stage in the Supreme Court of Texas, if Pohl and/or & LOMAP are successful in proceedings before the © Supreme Court of Texas; plus S iv) $85,000.00 for attorneys’ fees to be incurred by Pohl and - LOMAP for representation at the merits briefing stage in the Supreme Court of Texas, if Pohl and/or LOMAP are successful in proceedings before the Supreme Court of Texas; plus 2 EXHIBIT B v) $60,000.00 for attorneys’ fees to be incurred by Pohl and LOMAP for representation through oral argument and completion of proceedings in the Supreme Court of Texas, if Pohl and/or LOMAP are successful in proceedings before the Supreme Court of Texas. 6. The Court finds that the jury unanimously answered “Yes” to Questia Nos. 2 and @) 17, and unanimously answered “$3,000,000” to Question No. 19; therefore, the Cour additionally ORDERS, ADJUDGES, and DECREES that Pohl and LOMAP have an ever from Kassab and LCKPC, jointly and severally, exemplary damages in the amount of $3,000,000.00 7. The Court additionally ORDERS, ADJUDGES, and DECREES that Pohl and LOMAP have and recover from Kassab and LEKPC, jit at severly, prejudgment interest \ computed simply at the annual rate of 8.5% on sass ug commencing on the date that this lawsuit was filed (August 28, 2018) and through the@ay before the date this Court renders Final Judgment. As of the hearing date of September (0:2023—caleltng interest through September © 18, 2023, as it is the date prior to the catia aden may be entered—prejudgment interest totals $624,986.34. For each day that passes after September 19, 2023, until the Court enters this @ Final Judgment, Pohl and LOMAR ee entitled to an additional $338.38 in prejudgment interest. 8. Thus, the Courk ORDERS, ADJUDGES, and DECREES that the total amount of money that Pohl and LosiaP shall have and recover from Kassab and LCKPC, jointly and severally, cclusve of pest judgment interest and costs of Court, is: a) 36310,039.34 if no appeals are taken; SS b) 96.48, 039.34 if an appeal is taken to the court of appeals, and Pohl and/or & LOMAP are successful in that appeal or are successful in subsequent S proceedings before the Supreme Court of Texas; c) $6,540,039.34 ifa petition for review is filed in the Supreme Court of Texas, and Pohl and/or LOMAP are successful in proceedings before the Supreme Court of Texas; 3 EXHIBIT B d) $6,625,039.34 ifa petition for review is filed in the Supreme Court of Texas and the Supreme Court orders merits briefing, and Pohl and/or LOMAP are successful in proceedings before the Supreme Court of Texas; and e) $6,685,039.34 if a petition for review is filed in the Supreme Court of Texas ~ and the Supreme Court orders oral argument, if Pohl and/or LOMAP are successful in proceedings before the Supreme Court of Texas. NS 9. The Court additionally ORDERS, ADJUDGES, and DECREES hat: a) Pohl and LOMAP have and recover from Kassab and LCKPC, jointly and severally, post-judgment interest compounded annually at fieate of 8.5% on $6,310,039.34, commencing on the date that this.Final Judgment is rendered and ending on the date that this Final Judgment is satisfied; and b) Pohl and LOMAP have and recover from Kas LCKPC, jointly and severally, additional post-judgment interest c unded annually at the rate of 8.5% on the awards of conditional ap Ilate attomeys’ fees contained in paragraphs 4(b)(ii) through 4(b)(v) of hs al Judgment, commencing on the date the awards are made final by th appropriate appellate court’s judgment and ending on the date that {Rus inal Judgment is satisfied. 10. The Court additionally ORDERS) ADIUDGES, and DECREES that Kassab and O, LCKPC take nothing from Pohl and LOMAP and that all costs of Court are taxed against Kassab and LCKPC. S 11. The Court neg ORDERS ADJUDGES, and DECREES that all writs and processes for enforcement, execution, and collection of this Final Judgment shall issue. 12. Finally, the Goi ORDERS, ADJUDGES, and DECREES that all relief sought by © any of the parties in this lawsuit that is not expressly granted in this Final Judgment is denied; that aN this Final Judgement disposes of all claims, causes of action, and theories of liability by and iS between all pats and that this Final Judgment is appealable. 4 EXHIBIT B Signed this day of ', 2023. Signed: [ bstMpule 12/22/202 Honorable Christine Weems Judge, 281* District Court NS S& OY APPROVED AND ENTRY REQUESTED By: eS REYNOLDS FRIZZELL LLP S By: _/s/Jean C. Frizzell & Jean C. Frizzell @ State Bar No. 07484650 SO) 1100 Louisiana St., Suite 3500 S Houston, Texas 77002 Tel. 713.485.7200 Fax 713.485.7250 < jfrizzell@reynoldsfrizzell.com . WS | Attorney for Plaintiffs Michael Pohl Ci and Law Office of Michael A. Pohl, PL © Z) & S& ~\ . =O Ss é 5 EXHIBIT B E X HI S iN ; | | , CAUSE NO. 2018-58419 OR MICHAEL A. POHL and LAW 8 IN THE DISTRICT COURT OF OFFICE OF MICHAEL A. POHL, § me FELED | | Plants mien Paar y aaa HARRIS counry, TEXAS v. AUG 81,2023 G LANCE CHRISTOPHER KASSAB Perret = 4 & and LANCE CHRISTOPHER — By__{ SAMIR) & KASSAB, P.C. d/b/a THE KASSAB g Bd fey q ) Re LAW FIRM 8 O5-31-XS 0) Defendants § es) JUDICIAL DISTRICT CHARGE OF THE COU xt MEMBERS OF THE JURY: Se g) ' After the closing arguments, you will go to tee jury room to decide the case, answer the questions that are attached, and reach a verdict. aa nay discuss the case with other jurors only © when you are all together in the jury non Remember my previous instrudfions: Do not discuss the case with anyone else, either @) . in person or by any other mong not do any independent investigation about the case or conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post ; information about the cts Internet. Do not share any special knowledge or experiences with the other jurors Do not use your phone or any other electronic device during your delib- ( erations for any reason I will give you a number where others may contact you in case of an wS emergency, ; , Any) notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another 1 RECORDER'S MEMORANDUM . This instrument is of poor quality EXHIBIT B at the time of imaging. juror has or has not taken notes. You must leave your notes with the bailiff when you are not deliberating. The bailiff will give your notes to me promptly after collecting them from you. I will make sure your notes are kept in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the bailiff will-collect your notes. When you are released from jury duty, the i i promptly destroy your notes so that nobody can read what you wrote. & Here are the instructions for answering the questions. S& 1, Do not let bias, prejudice, or sympathy play ay at in your decision or your evaluation of the evidence admitted or testimony heard in sce As we discussed in jury selection, everyone, including me, has feelings, ci eon fears, and stereotypes that we may not be aware of but that can affect wit and hear, how we remember what we see and hear, and how we make decisions. pedi you are making important decisions as the jurors in this case, you must evaluate the evidence carefully, and you must not jump to conclusions . based on personal likes or sistikes, QSnealizations, gut feelings, prejudices, sympathies, stereotypes, or biases. Our eset is counting on you to render a just verdict based on the evidence, not on biases. O 2. Base your per only on the evidence admitted in court and on the law that is in these instructions wun Do not consider or discuss any evidence that was not admitted in the courtroom. RO, © 3. iy ou are to make up your own minds about the facts. You are the sole judges of the credibility of the witnesses and the weight to give their testimony. But on matters of law, you must follow all of my instructions. | 4, If my instructions use a word in a way that is different from its ordinary meaning, use the meaning I give you, which will be a proper legal definition. p 2 EXHIBIT B 5. All the questions and answers are important. No one should say that any question or answer is not important. 6. Answer "yes" or "no" to all questions unless you are told otherwise. A "yes" answer must be based on a preponderance of the evidence unless you are told otherwise. Whenever a question requires an answer other than "yes" or "no," your answer must bet based on a preponderance of the evidence. & . The term "preponderance of the evidence" means the greater wight of credible evidence presented in this case. If you do not find that a preponderance othe cidee supports a "yes" . answer, then answer "no." A preponderance of the eine measured by the number of witnesses or by the number of documents admitted nec For a fact to be proved by a ; preponderance of the evidence, you must find that is more likely true than not true. | A fact may be established by direct wid or by circumstantial evidence or both. A fact is established by direct evidence nies Sve by documentary evidence or by witnesses who saw the act done or heard the wortdoten A fact is established by circumstantial evidence when it may be fairly and reson inte from other facts proved. . 7. Do not decide Gay) you think should win before you answer the questions andthen just answer the cut to match your decision. Answer each question carefully without considering who wl wi Do not discuss or consider the effect your answers will have. 8 Bo no answer questions by drawing straws or by any method of chance. 9. © Some questions might ask you for a dollar amount. Do not agree in advance to decide on a dollee amount by adding up each juror's amount and then figuring the average. 10. Do not trade your answers. For example, do not say, "I will answer this question your way if you answer another question my way." 3 EXHIBIT B 11. | Unless otherwise instructed, the answers to the questions must be based on the decision of at least ten of the twelve jurors. The same ten jurors must agree on every answer. Do not agree to be bound by a vote of anything less than ten jurors, even if it would be a majority. As I have said before, if you do not follow these instructions, you will be guilty of juror @ misconduct, and I might have to order a new trial and start this process over again, This would waste your time and the parties’ money, and would require the taper fis county to pay , for another trial. If a juror breaks any of these rules, tell that person t6 stop and report it to me | Z @ , So | ae Ww © & & S& aN & eS \ . 4 EXHIBIT B . DEFINITIONS 1. “Pohl” means Michael Pohl and Law Office of Michael A. Pohl, PLLC. 2. “Kassab” means Lance Christopher Kassab and Lance Christopher Kassab, P.C. d/b/a the Kassab Law Firm. Lo. . 3. “Nicholson” means Tina Nicholson and Baker Nicholson, LLP ae Baker Nicholson Law Firm. . 4, “Favre” means Scott Favre and Scott M. Favre PA, LLC. . & ; SS 5. “Montague” means Doug Montague and Montague, Pitan. & Varnado, P.A. 6. “Precision Marketing Group, LLC” means Scott <2. Kirk Ladner and Steve Seymour prior to May 12, 2015 and Scott Favre lay 12, 2015. @ < > . ©) ~ ; & | ES | S& N . & & & 5 EXHIBIT B t QUESTION NO. 1 Did Pohl own a trade secret in any of the information, contracts, compilation(s) or list(s) listed below? “Trade secret” means all forms and types of information, e.g., business, scientific, technical, economic, or engineering, and any formula, design, prototypes. pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers that— & 1. Derives independent economic value, actual or potential; s not being generally known to, and not being readily ascertainable by pro eans by, other persons who can obtain economic value from its disclosure 0; ; and 2. Is the subject of reasonable measures by the wise under the circumstances to maintain its secrecy. & “Proper means” are discovery by independent sree or any other means that is not improper. , “Improper means” include theft; bribery; misrepresentation; breach or inducement of a breach of a duty to maintain secrecy, to limit ie, or to prohibit discovery of a trade secret; or espionage through electronic or other means “Own” means to have rightful, lea or equitable title to, or the right to enforce rights in, a trade secret. Q@® . : Answer "Yes" or "No" foreach of the following. a) Attorney client fed eohtracts between Pohl and his clients. b) Any ist ofthe identities and contact information of Pohl’s actual, potential or rejected clients); AS) Answer: LS oe 6 ; EXHIBIT B If you have answered "Yes" to any part of Question No. 1, then answer the following question. Otherwise, do not answer the following Question. QUESTION NO. 2 ae Did any of the parties listed below misappropriate Pohl’s trade secret? NZ) To find misappropriation of a trade secret, you must find that they ry a) Acquired the trade secret, and that the party knew or had reason to know that the trade secret was acquired by improper means; or °@ b) Disclosed or used the trade secret without Pohl’s e: Q implied consent, and thatthe party used improper means to acquire knowledge of the trade secret; " o c) Disclosed or used the trade secret without Pobil’s express or implied consent, and that the party, at the time of the disclose or use, knew or had reason to know that his or her knowledge of the oan was derived from or through a person who had used improper means.to, ire it; or NN . d) Disclosed or used the trade sec: seithout Pobl’s express or implied consent, and that the party, at the time disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was acquired under circumstances giving rise to @ duty to maintain its secrecy or limit its use; or @ e) Disclosed or used trade secret with Pohl’s express or implied consent, and that the party, at th of the disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was derived from or through a person who owede duty to Poh] to maintain its secrecy of limits its use. “Improper men theft; bribery; misrepresentation; breach or inducement of a breach of a duty to in secrecy, to limit use, or to prohibit discovery of a trade secret; or espionage through electronic or other means. ~~ “U ofthe trade secret means commercial use by which the offending party seeks to profit from of the secret. Ase “Yes” or “No” for each item listed below that you answered “Yes” to in Question No. 1: ON a) Attorney client fee contracts between Pohl and his clients. . . 2. Favre Ues 7 EXHIBIT B 3. Precision Marketing Group, LLC s| Vi) ' | 4. Nicholson Ues 5. Montague Wes Ne b) Any list of the identities and contact information of Pohl’s actual, pote or rejected clients. . © 1. Kassab ; L [és & 2. Favre &S 3. Precision Marketing Group, LLC ex . 4. Nicholson Mes 5. Montague el = U 4.5 ‘Ss Se & | & | x S Re e & © S | 8 EXHIBIT B QUESTION NO. 3 Did the wrongful conduct of Pohl, if any, contribute to the injury, if any, found by the jury? ee Answer “Yes” or “No”. oy S SS Q & @ | © ~ a J < LS Re @ 2~O iS © S 9 EXHIBIT B If you have answered "Yes" to Question No. 2 for more than one of those named below, then answer the following question. Otherwise, do not answer the following Question. Assign percentages of responsibility only to those you found caused or contributed to cause the injury or occurrence. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The percentage of responsibility attributable to e is not necessarily measured by the number of acts or omissions found. The percentage utable to any one need not be the same percentage attributed to that one in answering mother question oO UESTION NO. 4 eS What percentage of the fault that caused the injury do you ened be attributable to each of those listed below and found by you in your answers to QuestioaNo, 2 to have been at fault? oS 2. Favre Ss 10 : SN 3. Precision Marketing Group ELC O 4. Nicholson S / D 5. Montague 5 S / 0 , 6. Pohl & O S& Total 100 % IN & & . 10 EXHIBIT B If you have answered "Yes" to any part of Question No. 2 as to Kassab for any part, then answer the following question. Otherwise, do not answer the following Question. QUESTION NO. 5 vs By what date should Pohl, in the exercise of reasonable diligence, have discovered the acquisition, use or disclosure of his trade secrets by Kassab? Bw g & Answer: J & S 6 @ ; oy SN ‘Ss ~ <a EN © @ & S& w - @ & | © S li EXHIBIT B ( If you have answered "Yes" to any part of Question No. 2 as to Kassab, then answer the following question. Otherwise, do not answer the following Question. QUESTION NO. 6 vs pe Did Kassab acquire or use Pohl’s trade secret while in an attorney clef 9 ationship and attempting to provide legal services in that relationship involving the unique-of ce, professional skill, training and authority of an attorney? AS) | S Answer: 0 & ~ ® Z oS SN , ‘S & © @ & S& | IN | 3 CO : 6 = S “42 EXHIBIT B If you have answered "Yes" to any part of Question No. 2 for any party, then answer the following question. Otherwise, do not answer the following Question. QUESTION NO. 7 Ne What sum of money, if paid now in cash, would fairly and reasonably co e Pohl for his damages, if any, proximately caused by the conduct you found in response estion No. 2? “Proximate cause” means a cause that was a substantial factor in bing about an event, and without which cause such event would not have occurred. In orden. t6.t @ proximate cause, the act or omission complained of must be such that a person using the@egree of care required of him would have foreseen that the event, or some similar event, mi nably result therefrom. There may be more than one proximate cause of an event. S In answering questions about damages, answer each quia separately. Do not increase or reduce the amount in one answer because of your answer to ther question about damages. Do not reduce the amount of damages based on any responsibility you found in answer to the immediately preceding question. Do not speculate about what any party’s ultimate recovery may . or may not be. Any recovery will be determined by the gout When i applies the law to your answers at the time of judgment. Do not add any amount RR on damages, if any. ; SS Consider the following elements of. damages, if any, and none other. Do not award any sum of money on any element if you have eiberis, under some other element in this question, awarded a sum of money for the same loss. is, do not compensate twice for the same loss, if any. © Answer separately in ager cents for damages, if any. 1. The reasonable an necessary attorney’s fees, expenses, and costs that Pohl has incurred in connection with the following lawsuits, appeals, and grievances that Kassab fled agin Pohl. . © a. Brumfield y. Pohl lawsuit and appeals. , (Answer: $ ax ,43L § “Sb Gandy v. Pohl lawsuit and appeals. & Answer: & Bu, 344 Sy c. Cheatham, ¢é Reese v. Pohl lawsuit and appeals. d. Berry v. Pohl lawsuit. Answer: ¢ $84,445 e. Kassab gow grievance. 13 EXHIBIT B f. Reese v. Pohl grievance. 2. The price that a willing buyer and a willing seller would have agreed on, at the , time of the misappropriation, as a fair price for Kassab’s use of the tage srarett. a @ 3. The value of the development costs that Kassab avoided by misappropriating Pohl’s trade secret(s). 5 fo Answer: 4 369,000 _ xs S & | S ) Se ‘S | ~ a © O . , ) S Re 2O gS © Sy 14 EXHIBIT B ; If you answered “Yes” to any part of Question No. 2 with respect to Kassab, then answer the following question. Otherwise, do not answer the following question. a , QUESTION NO. 8 Do you find that the misappropriation of Pohl’s trade secret(s) by Kassab vw and malicious misappropriation? ) ' “Willful and malicious misappropriation” means intentional misappropriation resulting from the conscious disregard of the rights of the owner of the trade secre Answer “Yes” or “No.” 7 SS , Yip @ oy | SN | | ‘Ss | | a ©) . : @ | © S& - N oo Ss _© oS 15 | EXHIBIT B If you answered “Yes” to Question No. 8, then answer the following question. Otherwise, do not answer the following question. QUESTION NO. 9 What is a reasonable fee for the necessary services of Pohl’s attorneys in isles stated in dollars and cents? ) A reasonable fee is the reasonable hours worked, and to be worked, multiplied by a reasonable hourly rate for that work. & Factors to consider in determining a reasonable fee ncude= e the time and labor required; @ e the novelty and difficulty of the questions involved e the skill required to perform the legal servic (properly; e the fee customarily charged in the ocality frst legal services; e the amount involved; e the experience, reputation, and ability.o the lawyer or lawyers performing the services; . “ e whether the fee is fixed or contingent n results obtained; e. the uncertainty of collection the legal services have been rendered; and e - results obtained. we Answer with amounts in dollarsaiid cents for each of the following: . @) 1. For representation throng fl and the completion of proceedings in the trial court. Answer: a | } 45a, O14 2. For representation thbugh appeal to the court of appeals. Answer: Si "1S , 060 3. For repreentation at the petition for review stage in the Supreme Court of Texas. SS 4. For representation at the merits briefing stage in the Supreme Court of Texas. Rs Answer: “35,000 5. For representation through oral argument and the completion of proceedings in the Supreme Court of Texas. , R| Answer: (0, O60 16 EXHIBIT B If you answered “No” to all parts of Question No. 2, then answer the following question. Otherwise, do not answer the following question. QUESTION NO. 10 vs Did any of those named below convert Pohl’s property? oy Those named below converted Pohl’s property if any of them exercised dominion and control over Pohl’s property without Pohl’s consent and to the exclusion of Pohl’s right of possession and use. 5 @ Answer “Yes” or “No” for each of those named below. 2. Favre & 3. Precision Marketing Group, LLC = 4, Nicholson ~ Ci 5. Montague ~\ © Mee | cS : S& INN . & & C a ; | 17 ; EXHIBIT B If you have answered "Yes" to Question No. 10 for more than one of those named below, then answer the following question. Otherwise, do not answer the following Question. Assign percentages of responsibility only to those you found caused or contributed to cause the injury or occurrence. The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The percentage of responsibility attributable to any, one is not necessarily measured by the number of acts or omissions found. The percentage attributable to ; any one need not be the same percentage attributed to that one in answering meetiestion QUESTION NO. 11 Oe XS _ 2@ What percentage of the fault that caused the injury do you fd to be attributable to each of those listed below and found by you in your answers to Qyestion No.J to have been at fault? S 10 @ Answer: 1. Kassab Go 2. Favre ~ es & ; 3. Precision Marketing Crop 4. Nicholson © | . @ 5. Montague & rs 6. Pohl O Se & Re . Total 100 % & | & 18 EXHIBIT B If you have answered "Yes" to Question No. 10 for Kassab, then answer the following question. Otherwise, do not answer the following Question. | QUESTION NO. 12 ) vs oy By what date did Pohl discover or in the exercise of reasonable diligence should have discovered the conversion by Kassab you found in response to Question Nor SS ® Z oS SN | ‘S | ~ o EN © @ J | : cS N 3 & © S 19 . EXHIBIT B If you have answered "Yes" to Question No. 10 for Kassab, then answer the following question. Otherwise, do not answer the following Question. . QUESTION NO. 13 Did Kassab convert Pohl’s property while in an attorney client relationshi i wtempting to provide legal services in that relationship involving the unique office, professional ski, training and authority of an attorney? Bw 6 Re Answer “Yes” or “No.” ss ® @ @ S < Ww ©) @ & S& | aN O° e & . S ; ' 20 EXHIBIT B If you have answered "Yes" to Question No. 10 for any party, then answer the following question. Otherwise, do not answer the following Question. : QUESTION NO. 14 sk What sum of money, if paid now in cash, would fairly and reasonably co: te Pohl for his damages, if any, proximately caused by the conduct you found in response ion No. 10? “Proximate cause” means a cause that was a substantial factor in bringitig about an event, and without which cause such event would not have occurred. In order be a proximate cause, the act or omission complained of must be such that a person using the of care required of him would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. a In answering questions about damages, answer each quai separately. Do not increase or reduce the amount in one answer because of your answer to ther question about damages. Do . not reduce the amount of damages based on any pe: responsibility you found in answer to the immediately preceding question. Do not sn sb wh any party’s ultimate recovery may or may not be. Any recovery will be determined by when it applies the law to your answers at the time of judgment. Do not add any amount on damages, if any. ‘ S Consider the following elements of damages, if any, and none other. Do not award any sum of money on any element if you have iherwise, under some other element in this question, awarded a sum of money for the same logs. is, do not compensate twice for the same loss, if any. © Answer separately in.do ad cents for damages, if any. 1. The price tha avi ing buyer and a willing seller would have agreed on, at the time of the eenyerstion; as a fair price for Kassab’s use of the property. Answer: & i O aN o” iS | < 21 EXHIBIT B If you answered “Yes” to any part of Question No. 2 for Kassab, then answer the following ° question. Otherwise, do not answer the following question. QUESTION NO. 15 | vs Regarding the conduct you found in answer to Question No. 2, was Kab part of a conspiracy that damaged Pohl with any of those named below? w To be part of a conspiracy, Kassab on the one hand and one or ote-of the following on the other hand must have had knowledge of, agreed to, and intended to! isappropriate Pohl’s trade secret(s) that resulted in the damages to Pohl. One or more perso olved in the conspiracy must have performed some act or acts to further the conspiracy. ® Answer “Yes” or “No” for each of the following persops aid entity. ‘ 1. Favre. © 2. Nicholson. S\ 7 e Answer: ; 3.. Montague. © @ 4. Precision Mar g Group, LLC Answer: 0 oP IN & | & 22 EXHIBIT B If you answered “Yes” to Question No. 10 for Kassab, then answer the following question. Otherwise, do not answer the following question. QUESTION NO. 16 | vs Regarding the conduct you found in answer to Question No. 10, wag Kassab part of a conspiracy that damaged Pohl with any of those named below? wi To be part of a conspiracy, Kassab on the one hand and one or diet the following on the other hand must have had knowledge of, agreed to, and intended to soaver Pohl’s property that resulted in the damages to Pohl. One or more persons involveg in) e conspiracy must have performed some act or acts to further the conspiracy. e Answer “Yes” or “No” for each of the following persons and entity. . 1. Favre. © ; Answer: 2. Nicholson. ~ oe | Answer: ~\ 3. Montague. © @ 4. Precision Matt Group, LLC Answer: Oo IN ) 3 & & 23 . EXHIBIT B If you unanimously answered “Yes” to any part of Question No. 2 with respect to Kassab. Otherwise, do not answer the following question. To answer “Yes” to any part of the following question, your answer must be unanimous. You may answer “No” to any part of the following question only upon a vote of ten or more jurors. Otherwise, you must not answer that part of the following question. ; | | ae @ QUESTION NO. 17 G 2 Do you find by clear and convincing evidence that the misappropriation of trade secret was willful and malicious? 6 @ “Clear and convincing evidence” means the measure or d ste of proof that produces a firm belief or conviction of the truth of the allegations sought to bees tablished. - “Willful and malicious misappropriation” means i tesional misappropriation resulting from the conscious disregard of the rights of the owner ofthe trade secret. Answer “Yes” or “No.” > u © . @ & S& IN © & & 24 . EXHIBIT B . If you unanimously answered “Yes” to Question No. 10 with respect to Kassab, any part of Question No. 15, or any part of Question No.16, then answer the following question as to each . such part. Otherwise, do not answer the following question. ‘ To answer “Yes” to any part of the following question, your answer must be unanimous. You may answer “No” to any part of the following question only upon a vote of ten or more jurors. Otherwise, you must not answer that part of the following question. xe . @ QUESTION NO. 18 OL °O S&S Do you find by clear and convincing evidence that the harm to Pohl resulted from malice of Kassab? &y “Clear and convincing evidence” means the measure 0 of proof that produces a firm belief or conviction of the truth of the allegations sues established. ‘Malice” means a specific intent by either Kassab to cause substantial injury or harm to Pohl. Answer “Yes” or “No.” < “ | © cS S& IN & & | 25 EXHIBIT B Answer the following question only if you unanimously answered “Yes” to Question No. 17 or Question No. 18. Otherwise, do not answer the following question. You must unanimously agree on the amount of any award of exemplary damages. QUESTION NO. 19 vs What sum of money, if any, if paid now in cash, should be assessed ssn ths named below, and awarded to Pohl as exemplary damages, if any, for the conductor found in response to Question Nos. 2, 10, 15 and/or 16? °O S “Exemplary damages” means an amount that you may in your discretion award as a penalty or by way of punishment. &y Factors to consider in awarding exemplary damages, if any, dre 1. The nature of the wrong. & _ 2. The character of the conduct involved. 3. The degree of culpability of those identified teow. SS 4, The situation and sensibilities of <e concerned. 5. The extent to which such conduct of ds a public sense of justice and propriety. © . ' 6. The net worth of those identified below. , 6 GO Answer in dollars ental if any. ; 1. For conduct Sqn in response to Question No. 2: Anawer 2, 000,000 ; 2. ForRenduet found in response to Question No. 10: ° LO eo 3 © For conduct found in response to Question No. 15: S Answer: 4. For conduct found in response to Question No. 16: Answer: 26 EXHIBIT B If you answered “No” to Question No. 2 as to Kassab for both parts then answer the . following question. Otherwise, do not answer the following question: QUESTION NO. 20 Ss Was Pohl’s claim for misappropriation made in bad faith? NG Bad faith means the conscious doing of a wrong for dishonest, sscrinjgatoy, or malicious Oses. . ° purp & Answer “yes” or “no.” 6 @ oy SN ‘Ss < Ww © , iS S& IN e & | | © S 27 EXHIBIT B 4 If you answered “Yes” to Question No. vd then answer the following question. Otherwise, do not answer the following question: ; QUESTION NO. 21 What is a reasonable fee for the necessary legal services of Kassab Homey for defending against Pohl’s claims? © A reasonable fee is the reasonable hours worked, and to be worked, ulti plied by a reasonable hourly rate for that work. S . Re) Answer with an amount in dollars and cents for each of the following: 1. For representation in the trial court. & @ Answer: Ke) 2. For representation in the court of appeals. . Answer: S a S\ . 3. For representation at the petition oer stage in the Supreme Court of Texas. Answer: KR © 4. For representation at the Ce briefing stage in the Supreme Court of Texas. 5. For representatio. ugh oral argument and the completion of proceedings in the Supreme Court of. . © & & 28 EXHIBIT B PRESIDING JUROR 1. When you go into the jury room to answer the questions, the first thing you will need to do is choose a presiding juror. 2. ‘The presiding juror has these duties: xk a. have the complete charge read aloud if it will be helpful to you deliberations; b. preside over your deliberations, meaning manage the dscusions and see that you follow these instructions; oG XS c. give written questions or comments to the bailiff-who will give them to the judge; ©) d. write down the answers you agree on; & @ e. get the signatures for the verdict certificate; and £ notify the bailiff that you have rack a verdict ; Do you understand the duties of the presiding juror? If you do not, please tell me now. : THE INSTRUCTIO R SIG CT CERTIFICA 1. _ Unless otherwise instructéd, you may answer the questions on a vote of ten jurors. The same ten jurors must agree on every answer in the charge. This means you may not have one group of ten jurors agree on one mee a different group of ten jurors agree on another answer. 2. If ten jurors seston cv answer, those ten jurors sign the verdict. If eleven JUEQIS agree on every answer, those eleven jurors sign the verdict. If all ot you agree on every answer, you are unanimous and only the presiding juror signs erdict. IN 3. rs should deliberate on every question. You may end up with all twelve of you agreein e answers, while only ten or eleven of you agree on other answers. But when you sign thes ict, only those ten who agree on every answer will sign the verdict. s There are some special instructions before Question No. 17, 18 and 19 explaining how to those questions. Please follow the instructions. If all twelve (12) of you answer those questions, you will need to complete a second verdict certificate for-those questions 29 EXHIBIT B Do you understand these instructions? If you do not, please tell me now. Signed this inp of August, 2023. : GJUD Se Z NS @ So & @ © | S LV © & s | & es © . Sy 30 EXHIBIT B VERDICT CERTIFICATE We, the jury, have answered the above and foregoing questions as herein indicated, and herewith return same into court as our verdict. Check one: Ne Our verdict is unanimous. All twelve of us have agreed to each and over answer. The presiding juror has signed the certificate for all twelve of us. © - . KR Signature of Presiding Juror Printed Name of Presiding Juror ; °@ | Our verdict is not unanimous. Q Eleven of us have agreed to each and every answer and have bigned the certificate below. Our verdict is not unanimous. SO) . Ten of us have agreed to each and every anid have signed the certificate below. Si wane Printed L Lf Solum Sc Lenni fey Linceless 2 $e _ Boke kaotielpeter 3. ~ Cre my) OWN ¢ 4 4 _ (ead _ Celeste SoutoS S PA Amanda Gomez 6. lpia Ss . Huy W6UYELN TPS G5 ow DM D1 . \ KLE Skipubrely AA ff wo. Gob fe Vas AIRE , TH " 11. ee . 31 EXHIBIT B If you have unanimously answered Questions No. 2, 10, 15, 16, 17, 18 and/or 19 then you must sign this certificate also. ADDITIONAL CERTIFICATE I certify that the jury was unanimous in answering the Question No. 2. All twe eof us agreed ey Tey 2. The presiding juror has signed the certificate fo Ive of us. Signafure of Presiding Juror Printed Name of g Juror I certify that the jury was unanimous in answering the Quen No 10. All twelve of us agreed to the answer to Question No. 10. The presiding juror has signe e certificate for all twelve of us. eS @ ; Signature of Presiding Juror Pine Nea e of Presiding Juror ei thatthe jury was unanimous in answering the Question No. 15. Al twelve of ws agreed to the answer to Question No. 15. The resis pjuror has signed the certificate for all twelve of us. Ww Signature of Presiding Juror & Printed Name of Presiding Juror I certify that the jury was imous in answering the Question No. 16. All twelve of us agreed to the answer to Question’ « 16. The presiding juror has signed the certificate for all twelve of us. LS oe SS Signature of Presiding JUGS ‘Printed Name of Presiding Juror © I certify that the jury was unanimous in answering the Question No. 17. All twelve of us agreed to the answer Question No. 17. The presiding juror has signed the certificate for all twelve : of us. se uwS : Si iding Juror Printed Name of Presiding Juror Quay that the jury was unanimous in answering the Question No. 18. All twelve of us agreed to the answer to Question No. 18. The presiding juror has signed the certificate for all twelve of us. , Signature of Presiding Juror Printed Name of Presiding Juror 32 EXHIBIT B ' I certify that the jury was unanimous in answering the Question No. 19. All twelve of us agreed to the to Question No. 19. The presiding juror has signed the certificate for all twelve . i e of Presiding Juror Printed Name of Presiding Juror & ae So °G | x & @ © ~ a | & < Re & © 33 EXHIBIT B

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