theory_id,filing_id,theory,party,role,basis
83,9,TCPA Does Not Apply — Claims Not Based on Protected Conduct,Pohl,defense,"Pohl's conversion, TUTSA, and conspiracy claims are based on wrongful acts (purchasing stolen property, misappropriating trade secrets), not on protected speech, petition, or association"
84,9,TCPA Commercial Speech Exception (Tex. Civ. Prac. & Rem. Code § 27.010(b)),Pohl,defense,"Even if TCPA applies, Kassab is primarily engaged in selling legal services, his solicitation of Pohl's clients arose from commercial transactions, and the intended audience was potential customers — satisfying all four Castleman elements"
85,9,Conversion,Pohl,claim,Kassab knowingly purchased confidential information and materials stolen from Pohl and wrongfully exercised dominion and control over Pohl's property
86,9,Texas Uniform Trade Secrets Act (TUTSA) (Tex. Civ. Prac. & Rem. Code Ch. 134A),Pohl,claim,Kassab purchased Pohl's trade secrets knowing they had been acquired by improper means (theft) without Pohl's consent
87,9,Civil Conspiracy,Pohl,claim,"Kassab acted in combination with Favre, Nicholson, Montague, and others to commit conversion and trade secret misappropriation"
88,9,Statute of Limitations Not Expired,Pohl,defense,"Favre-Kassab Agreement executed November 10, 2016; suit filed August 2018 — within 2-year conversion period and 3-year TUTSA period"
89,9,Attorney Immunity Inapplicable,Pohl,defense,Attorney immunity protects conduct within scope of client representation; Kassab had no clients at the time of the wrongful purchase
90,9,Res Judicata Inapplicable,Pohl,defense,Kassab was not a party to the Mississippi settlement; claims against Kassab are not the 'same as' claims settled in that case