assertion_id,filing_id,assertion
188,10,Shepherd's affidavit fails as an affidavit because it is not based on personal knowledge and does not state facts are 'true and correct' — it is nothing more than a statement by Pohl's interested counsel
189,10,Shepherd's affidavit fails to establish business records foundation under Rules 803(6) and 902(10)
190,10,Shepherd fails to adequately show he is the custodian of records or otherwise establish how he knows what each particular document is other than that he is a lawyer for Pohl
191,10,All documents attached to the Shepherd affidavit are inadmissible hearsay upon hearsay
192,10,Shepherd has failed to provide the requisite notice of his filing under Rule 902(10)
193,10,Every paragraph (3-9) of Pohl's declaration is conclusory and constitutes no evidence as a matter of law
194,10,Pohl fails to describe what the alleged trade secrets actually are in any of his declarations
195,10,Pohl fails to explain how he is the 'rightful owner' of information that Scott Favre has claimed to own
196,10,"Pohl fails to describe what 'substantial measures' he took to maintain confidentiality, given the information freely ended up in Favre's hands"
197,10,Pohl's purported loss from any alleged misappropriation of trade secrets is speculative
198,10,"Any documents Kassab obtained came from Precision Marketing Group, not from Pohl — Precision owned the documents"
199,10,"Under Texas Rule of Professional Conduct 1.15(d) and Texas Supreme Court precedent, client files belong to the client, not the attorney"
200,10,"The attorney is the agent of the client, and work product generated by the attorney in representing the client belongs to the client"
201,10,Failure to turn over client files is willful and malicious and constitutes dishonorable conduct
202,10,Pohl lacks standing to sue for conversion or theft of trade secrets because he never owned the subject documents
203,10,The commercial speech exception does not apply because Kassab is not primarily engaged in purchasing marketing lists and client files
204,10,Pohl has not established that Kassab 'engaged in the conduct on which the claim is based in the defendant's capacity as a seller or lessor' of legal services
205,10,Pohl does not allege that the Favre-Kassab agreement effectuated a sale of legal services
206,10,Pohl's own pleadings allege Kassab 'knew that the information and property that he was purchasing was stolen and not Favre's and/or his counsel's to sell'