Breaking MLM News: Evolv Health Files Corporate Espionage Allegations And Receives TRO Against EPIC, eCosway, Glen Jenson And Others

The MLM attorney Kevin Thompson brought up some great questions surrounding EPIC a few weeks ago. I doubt even he would have seen this most current lawsuit coming.

Editor’s Update January 17th, 2014

Is it better to raid in secret or raid in plain sight?

 

 

EVOLV HEALTH, LLC, EVOLV,

HEALTH INTERNATIONAL, LLC,

and EVOLVHEALTH MEXICO SERVICIOS, S. de R.L. de C.V., Plaintiffs

v.

EPICERA INCORPORATED,

ECOSWAY USA, INC.,

GLEN JENSEN,

and JEFFREY N. ALDOUS, Defendants.

JUDICIAL DISTRICT

DALLASCOUNTY,TEXAS

PLAINTIFFS’ VERIFIED ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Evolv Health, LLC (“Evolv”), Evolv Health International, LLC (“Evolv International”), and EvolvHealth Mexico Servicios, S. de R.L. de C.V. (“Evolv Mexico”) and file this Plaintiffs’ Verified Original Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction complaining of and against EpicEra Incorporated (“Epic”), eCosway USA, Inc. (“eCosway”), Glen Jensen (“Jensen”), and Jeffrey N. Aldous (“Aldous”) (collectively, “Defendants”) and, in support thereof, would respectfully show unto the Court, as follows:

I.

PRELIMINARY STATEMENT

Defendants have engaged and are engaged in a scheme of corporate espionage to misappropriate Plaintiffs’ trade secrets, confidential and proprietary information, employees, distributors, executives, and business in order to benefit the startup of Epic – Defendants’ new multi-level marketing company. Under the fraudulent guise of potentially investing and partnering with Evolv, Defendants signed non-disclosure agreements that Defendants had no intention of honoring in order to gain access to Plaintiffs’ confidential and proprietary information so that they could steal that information and use it for their own benefit. Defendants have engaged in a concerted effort to not only steal Plaintiffs’ trade secrets and other confidential and proprietary information, but also Plaintiffs’ employees, distributors, and executives (despite enforceable non-competition, non-solicitation, and confidentiality agreements) in what Epic brazenly describes as its “100 million dollar Leadership Development Strategy” to “attract…the best and brightest people from around the world to join in this Epic era.” Defendants’ plan all along has been to build Epic on top of Evolv’s shoulders by stealing through deceitful and fraudulent means what Evolv has spent years creating and developing. Through this suit, Plaintiffs seek to recover the tens of millions of dollars in damages caused by Defendants’ surreptitious and unlawful conduct and to enjoin Defendants from continuing to cause imminent and irreparable harm to Plaintiffs.

II.

DISCOVERY CONTROL PLAN

 

1. This matter is subject to Discovery Level 3 in accordance with Texas Rule of Civil Procedure 190.4.

III.

PARTIES

2. Evolv is a limited liability company organized under the laws of the State of Delaware with its principal place of business located in Dallas County, Texas.

3. Evolv International is a limited liability company organized under the law of the State of Delaware with its principal place of business located in Dallas County, Texas.

4. Evolv Mexico is a limited liability company organized under the law of the United Mexican States with its principal place of business located in Mexico City, Mexico.

5. Epic is a Delaware corporation with its principal place of business located at Thanksgiving Park 4, 2300 W. Executive Parkway, Suite 450, Lehi, Utah 84043. Epic may be served with process by serving its registered agent, Harvard Business Services, Inc., at 16192Coastal Highway, Lewes, Delaware 19958, or wherever else it may be found.

6. eCosway is a Delaware corporation with its principal place of business located at 15221 Barranca Parkway, Irvine, California 92618. eCosway may be served with process by serving its registered agent, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801, or wherever else it may be found

7. Jensen is an individual who resides in California and may be served with process by serving him at his place of business located at 15221 Barranca Parkway, Irvine, California 92618, or wherever else he may be found.

8. Aldous is an individual who resides in California and may be served with process by serving him at his place of business located at 15221 Barranca Parkway, Irvine, California 92618, or wherever else he may be found.

IV. JURISDICTION &VENUE

9. This Court has jurisdiction over this matter, pursuant to Article V, Section 8 of the Texas Constitution and Section 24.007 of the Texas Government Code, for the reason that the amount in controversy exceeds the minimum jurisdictional limits of this Court.

10. This Court has personal jurisdiction over Defendants because they do business in Texas, contracted with a Texas resident and either party was to perform the contract in whole or in part in Texas, contractually agreed to jurisdiction in Texas, and/or committed torts in whole or in part in Texas.

11. Venue is proper in this county for the reason that all or a substantial part of the acts or omissions giving rise to the claim occurred in Dallas County, Texas. TEX. CIV. PRAc. REM. CODE§ 15.002.v.

FACTUALBACKGROUND

A. Background on PlaintiffEvolv.

12. Plaintiff Evolv is an internet-based nutritional direct marketing company that focuses on wellness products and home-based businesses. Evolv has a revolutionary product line that mixes a sensible diet with activity and a product formula that helps benefit the consumer in being able to live a healthy life. Evolv also focuses on allowing its distributors to continue its home-based business through internet and direct marketing and provides its distributors with a body of knowledge and training that allows them to maximize their financial benefits. Evolv has been operating in the direct marketing and healthcare sector for the last several years and has achieved great success as one of the top 100 direct marketing companies in the United States.

13. Evolv International is a wholly owned subsidiary ofEvolv and carries out Evolv’s business outside the United States.

14. Evolv Mexico is at this time a wholly owned subsidiary of Evolv International and carries out Evolv’s business in Latin America, specifically in Mexico, Colombia, Peru, and Ecuador.

B. Evolv’s Confidential and Proprietary Information.

15. Evolv has achieved its success in the direct marketing and healthcare industries through years of targeted marketing, research and development, unrivaled experience in nutritional health, and maintaining strong brand recognition. Over the years and through considerable effort, expense, and experience, Evolv has compiled and developed a substantial amount of information relative to its industry. Certain of this information is highly confidential and proprietary in nature and provides Evolv with competitive advantages. The information that Evolv has compiled and developed in order to match the needs of its customers and potential customers includes, for example, but is not limited to: customers’ tendencies and needs, price lists, trade secrets related to its industry, the identities of non-published contacts, customer lists, customer contact information, customers’ past orders, marketing and advertising methods and strategies, computer programs, designs, technologies, formulas, processes, and product research and development.

16. Evolv markets its products to customers around the globe. An Evolv distributor’s primary responsibility is to match Evolv’s products and programs to a customer’s needs. Distributors are provided access to Evolv’s confidential and proprietary information necessary to carry out their duties, which includes portions of the confidential and proprietary information described above — most of which information is not generally known to the public and all of which information enables Evolv’s distributors to render services to Evolv’s customers of a special and unique value. Additionally, Evolv’s distributors are provided training by Evolv, including but not limited to, special training regarding Evolv’s products and programs and Evolv’s sales and marketing strategies for locating, obtaining, and securing customers.

17. Evolv makes special efforts to safeguard its confidential and proprietary information. For example, Evolv’s distributors are only given access to the customer files for the customers that they have been assigned to call upon in marketing and selling Evolv’s products. In addition, it is the practice and policy of Evolv to require distributors to sign agreements that contain non-competition, non-solicitation, and confidentiality clauses. It is also the practice and policy of Evolv to require its employees to sign agreements that contain confidentiality and secrecy clauses.

 

C. eCosway and Jensen Set Up Meetings with Evolv to Gain Access to its Confidential and Proprietary Information.

 

18. In late May 2013, one of Evolv’s distributors, Matt Steffe (“Steffe”), approached Evolv about a potential business opportunity concerning eCosway. eCosway is a growing international company and member of the Berjaya Group, operates in seventeen countries, is a subsidiary of a company that has operated for the past 34 years, and earns allegedly $500 million a year in revenues.

19. On or about June 6, 2013, Roscoe White, III (“White”), Evolv’s Chairman of the Board, met with Jensen, the President of eCosway, to discuss the potential investment opportunity with eCosway. The parties executed a Mutual Non-Disclosure and Non-Circumvention Agreement (the “MNDNCA”) in advance of these discussions, pursuant to which eCosway agreed on behalf of itself and its affiliates and their respective officers, directors, employees, and other agents to maintain all confidential information received from Evolv in strictest confidence and to not use such confidential information other than for the purpose of evaluating the potential transaction.

20. eCosway further agreed in the MNDNCA that it would not circumvent Evolv regarding any business relationship between Evolv and any third party identified by Evolv as a component of its business, solution, or process.

21. In the meeting on June 6, 2013, and the communications that continued after that meeting, Evolv subsequently disclosed to Jensen and eCosway confidential and proprietary information valuable to Evolv in its business.

D. Defendants Use Evolv’s Confidential and Proprietary Information and Evolv’s Executives, Employees, and Distributors to Create a Competing Business.

22. As Plaintiffs subsequently learned, eCosway and Jensen had no intention of honoring the MNDNCA and had no interest in an investment opportunity with Evolv. Instead, the meeting and agreement were a ruse to gain access to Evolv’s confidential information, including identities of its key employees, customers, and distributors. Jensen and eCosway were planning the launch of a new multi-level marketing company, Epic, which would be partnering with eCosway and directly competing with Evolv. Jensen (President of eCosway) is the CEO of Epic and Aldous is the Vice-President and General Counsel of Epic.

23. Subsequent to the meeting with eCosway, and after revealing confidential and proprietary information to eCosway and Jensen, Evolv began receiving phone calls regarding the potential sale of Evolv to a third party. Jensen had raised the possibility of eCosway buying Evolv as an alternative to investing in Evolv during the meeting, and, on information and belief, eCosway and Jensen disclosed this information in violation of the MNDNCA. Jensen and eCosway’s purpose in fomenting these rumors was to create uncertainty as to Evolv’s future among Evolv’s distributors, customers, and employees.

24. Defendants, with the assistance and direct participation of former employees and distributors of Evolv, began contacting current distributors and employees of Evolv in order to recruit them to Epic and steal the confidential and proprietary information imparted to them by Evolv. Defendants’ intent is to use this information to build their own business- Epic- and directly compete with Evolv.

25. Steffe was an Evolv distributor and had obligations not to solicit or recruit other Evolv distributors to join any other direct selling, multilevel, or network marketing business (“Network Marketing Business”) during the term of Steffe’s distributorship with Evolv and continuing for twelve months following the termination of Steffe’s distributorship with Evolv. Steffe also had obligations not to disclose Evolv’s confidential information to third parties and not to use Evolv’s confidential information to sell other products or services, in connection with any other business, or to solicit or recruit other Evolv distributors to any other Network Marketing Business.

26. Travis Bott (“Bott”) was a Vice-President of Evolv and an Evolv distributor. Bott not only had the same obligations as a distributor as did Steffe, but also owed fiduciary duties to Evolv as an officer of the company. Bott entered into a Confidential Settlement Agreement and Release in Full of All Claims (“CSA”) with Evolv, effective as of June 1, 2013, pursuant to which Bott released all claims he may have had against Evolv, and agreed that he would destroy and not retain any copies of Evolv’s confidential, proprietary, and trade secret information.

27. Kevin Keranen (“Keranen”) was an Executive Vice-President ofEvolv and owed fiduciary duties to Evolv as an officer of the company. Keranen entered into a Resignation Agreement (“RA”) with Evolv, effective as of July 1, 2013, pursuant to which Keranen agreed that during and after his employment he shall not disclose any of Evolv’s confidential information other than to an employee of Evolv or its subsidiaries or as reasonably necessary and appropriate in connection with the performance of his duties as an employee ofEvolv. Keranen further agreed that for thirty-six months following the termination of his employment, he would not solicit or recruit, directly or by assisting others, any other employees or distributors of Evolv, or contact or communicate with other employees or distributors of Evolv for the purpose of inducing them to terminate their relationship with Evolv.

28. As early as May 30, 2013, Jensen and eCosway began conspiring with Steffe to steal Evolv’s confidential information, undermine it in the marketplace, and raid its employees and distributors, all for the purpose of launching a new Network Marketing Business-Epic. In furtherance of the conspiracy, Steffe promoted and set-up the June 6, 2013 meeting on the pretext that eCosway was interested in investing in Evolv.

29. Defendants quickly solicited and brought Bott and Keranen into the conspiracy to set up Epic at the expense ofEvolv, breaching the MNDNCA and inducing Bott and Keranen to breach the CAS and RA, respectively, and to violate their obligations as distributors of Evolv by improperly disclosing and using Evolv’s confidential information and by soliciting other Evolv employees and distributors to terminate their relationships with Evolv and join Epic.

30. The next step for Defendants was to solicit and recruit Roberto Gonzalez (“Gonzalez”). Gonzalez was the President of Evolv Mexico, owed fiduciary duties to Evolv Mexico, and was responsible for Evolv’s Latin American operations. Gonzalez also had executed an Executive Employment Agreement (“EEA”) with Evolv Mexico effective July 1, 2013. The EEA contained a number of important provisions designed to protect Evolv Mexico’s confidential information and business relationships. Gonzalez agreed that during and after his employment he shall not disclose, directly or indirectly, any of Evolv’s confidential information other than to an employee of Evolv Mexico or its subsidiaries or as reasonably necessary and appropriate in connection with the performance of his duties as an employee of Evolv Mexico. Gonzalez agreed that for twelve months following the termination of his employment he shall not engage in the same or similar business as Evolv Mexico in the United States, Canada, Mexico, Colombia, Chile, Peru, or any other region where Evolv had active distributors. Gonzalez agreed that for twelve months following the termination of his employment, he shall not contact any client, customer, or prospect that he personally solicited, contacted, communicated with, or accepted business from during the last twelve months of his employment with Evolv Mexico for the purpose of engaging in the same or similar business as Evolv Mexico. Gonzalez agreed that for thirty-six months following the termination of his employment, he shall not solicit or recruit, directly or by assisting others, any employees or distributors of Evolv Mexico, and shall not contact or communicate with other employees or distributors for the purpose of inducing them to terminate their relationships with Evolv Mexico.

31. By late August 2013, Defendants had induced Gonzalez to agree to bring his entire executive team and important distributors from Evolv Mexico to Epic. At this time, Gonzalez began complaining to White about various facets ofEvolv Mexico’s operation and the relationship between Evolv and Evolv Mexico. Gonzalez’s complaints were illusory and designed to provide cover for his later resignation.

32. Defendants also solicited and recruited Easton Rutkowski (“Rutkowski”) and Kyle Palmer (“Palmer”) to join Epic. Rutkowski was Evolv’s customer service lead and sales coordinator. Palmer was employed in Evolv’s information technology section. Rutkowski and Palmer had executed Invention and Secrecy Agreements (“ISA”) with Evolv pursuant to which they agreed that all trade secrets, inventions, and confidential information held by Evolv and its related companies before their employment or developed during their employment were the exclusive property of Evolv. Rutkowski and Palmer further agreed not to disclose any of Evolv’s trade secrets, inventions, and confidential information during or after their employment, and not to use such independently of their work for Evolv or its related companies.

33. Epic hired Rutkowski and Palmer as of August 26, 2013, but they concealed that fact from Evolv and continued to be employed by Evolv. Defendants induced Rutkowski and Palmer to breach the ISA by disclosing Evolv’s trade secrets and confidential information to Epic for use by Epic in competing with Evolv.

34. On August 29, 2013, Defendants via email coordinated a conference call about the “Latin Epic Team”-stealing Plaintiffs’ Latin American management and distributors-in order to “get this all taken care of today, time is not our friend right now. There are some concerns and points we need to talk about to all be on the same page and ready to crush this.” The email was mistakenly sent to Keranen’s Evolv email address. Realizing their unlawful conspiracy was at risk of being uncovered, Defendants had Steffe contact Palmer, who was still employed at Evolv to coordinate with Palmer about deleting the e-mails discussing their plan to solicit Evolv’s Latin America team, and Palmer unlawfully accessed Evolv’s server and deleted thee-mails. Defendants congratulated Palmer (who was still an Evolv employee) for what they believed to be a successful destruction of the incriminating e-mails and specifically stated he would be rewarded with a bonus for pulling off this nefarious act. As a backup plan, Defendants planned to spam e-mail bomb Keranen’s Evolve-mail account with “10,000 SPAM emails” in order to bury the incriminating e-mails and conceal them from Evolv. Evolv was able to recover the deleted e-mails discussing Defendants’ plan to recruit Evolv’s Latin America team.

35. On September 6, 2013, Palmer and Rutkowski resigned from Evolv and openly assumed their positions with Epic.

36. Although Gonzalez continued to represent that he was working to develop the Latin America market for Evolv, he was actually working on his deal with Epic. On September 12, 2013, Gonzalez and Evolv’s Latin America team resigned from Evolv, and took their positions at Epic.

37. Shortly following Gonzalez’s resignation, most of Plaintiffs’ distributors in Latin America terminated their relationships with Plaintiffs.

38. Plaintiffs suspended Steffe’s distributorship on or about September 20, 2013.

39. Evolv provided Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer, all of whom were prior employees and distributors and now work for Epic, access to its confidential and proprietary information in order to assist them with their employee or distribution responsibilities. Additionally, Evolv provided training regarding its products, marketing, and sales techniques, among other things. Evolv invested and/or loaned significant amounts of money to Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer to develop and assist them with their distribution responsibilities and capabilities. Epic has specifically targeted these employees and distributors of Evolv in order to gain access to this information and exploit it for their own benefit.

E. Epic’s Business Strategy Is to Attract Evolv’s Leaders, Use the Confidential and Proprietary Information Imparted to Them by Evolv, and Steal Evolv’s Business.

40. This is not the first time that Defendants have poached or attempted to poach Evolv’s current or former distributors or a current or former employee ofEvolv. In fact, Epic’s current business plan seems to focus solely on targeting the leaders of rival companies and bringing them to Epic. Epic’s promotional materials tout its “$100 million fund” to attract such leaders. In addition, Defendants have implemented a concerted business plan that targets Evolv’s distributors and employees in order to gain insider knowledge ofEvolv’s business model and manufacturing secrets. Evolv is informed and believes and on that basis alleges that Defendants targeted Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer because of their relationships with Evolv. Evolv is further informed and believes and on that basis alleges, that Defendants induced Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer to utilize their knowledge of Evolv’s products, pricing, mixing, and marketing, among other things, to assist Defendants in competing with Evolv in the marketplace. Evolv is further informed and believes and on that basis alleges that, Defendants hired Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer and assigned them to work in the same territories and areas of expertise that they served while working and distributing for Evolv.

41. Steffe, Keranen, Bott, Gonzales, Rutkowski, and Palmer’s actions in working or distributing on behalf of one of Plaintiffs’ competitors and violating the CSA, RA, EEA, and ISA, and the Epic Defendants’ actions in inducing Plaintiffs’ distributors and employees to breach their fiduciary duties and contractual obligations by disclosing confidential and trade secret information, their deliberate destruction of Plaintiffs’ property, and solicitation of Plaintiffs’ customers threatens Evolv’s business and ongoing customer relationships. Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer are fully aware of Plaintiffs’ business relationship with these customers. The Epic Defendants were fully aware of Plaintiffs’ relationship with Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer. Plaintiffs’ business and its relationships with its customers will be damaged if Defendants are allowed to flaunt and interfere with the contractual relationships between Plaintiffs and their distributors and call on and solicit Plaintiffs’ customers for the benefit of the Defendants.

42. Additionally, in furtherance of the conspiracy and in direct violation of their contractual and fiduciary duties, Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer have used and disclosed the confidential knowledge and information Plaintiffs provided to them about Plaintiffs’ products, pricing, mixing, and marketing, among other things, to gain a competitive advantage over Plaintiffs and for the benefit of Epic, despite the existence of valid and enforceable agreements designed to protect Plaintiffs from employees and distributors who seek to use or disclose confidential and proprietary information and trade secrets gained through their relationship with Plaintiffs to compete against Plaintiffs. The purpose of these agreements is to protect the legitimate business interests, business goodwill, trade secrets, and confidential information belonging to Plaintiffs, among other things. To make matters worse, Defendants have engaged in a campaign to disparage Plaintiffs’ reputation by making defamatory statements to others regarding Plaintiffs’ ownership, compensation plan, and financial status, among other things.

43. Plaintiffs seek monetary relief over $1,000,000.00 against Defendants.

VI. CLAIMS

Count One Temporary Restraining Order, Temporary Injunction, and Permanent Injunction

44. Plaintiffs incorporate and reallege the allegations set forth above.

45. Plaintiffs have a likelihood of success on the merits of their claims for breach of contract, misappropriation of trade secrets, common law misappropriation, violation of the Texas Theft Liability Act, conversion, tortious interference with contract, civil conspiracy, aiding and abetting, business disparagement, and defamation against Defendants.

46. Plaintiffs are threatened with immediate and irreparable harm and have no adequate remedy at law to prevent Defendants from engaging in the actions described above and requests that a temporary restraining order be issued against Defendants without notice, if need be, restraining Defendants, their agents, servants, employers, principals, assignees, transferees, and/or beneficiaries, either directly or indirectly:

(1) from using or disclosing for any purpose whatsoever:

(a) any confidential information, as that term is defined in the MNDNCA;

and,

(b) any information related to Plaintiffs marketing and advertising methods and strategies, cost information, price lists, sales information, and supplier and vendor lists and information;

(2) from contacting, attempting to contact, recruiting, engaging or hiring away any of Plaintiffs’ employees, sales representatives, or distributors;

(3) from disparaging Plaintiffs’ business or otherwise communicating with Plaintiffs employees, sales representatives, or distributors in an effort to tortiously interfere with Plaintiffs contracts; and

(4) from hiding, secreting, destroying, changing or modifying any document, in either hard copy or electronic form, including e-mails, relevant to the subject matter of this lawsuit.

47. Accordingly, Plaintiffs seek enforcement of the terms of the MNDNCA through the issuance of the injunctive relief requested herein. Additionally, Plaintiffs would show that, as a result of the breach of such contracts and/or misappropriation of trade secrets to unfairly compete with Plaintiffs, Plaintiffs have been damaged in an amount in excess of the minimum jurisdictional limits of the Court and seek recovery of said amount from Defendants.

Count Two –Breach of Contract

48. Plaintiffs incorporate and reallege the allegations set forth above.

49. Plaintiffs and Defendants entered into the MNDNCA, which is a valid and enforceable agreement. Plaintiffs have standing to sue for breach of the agreement with Defendants. Defendants breached the agreement, and as a result of the Defendants’ breaches of this contract, Defendants have proximately caused actual and consequential damages to Plaintiffs in an amount within the jurisdictional limits of this Court, plus interest, costs, attorneys’ fees, and post-judgment interest as allowed by law.

Count Three –Misappropriation of Trade Secrets

50. Plaintiffs incorporate and reallege the allegations set forth above.

51. Plaintiffs own trade secrets concerning their product, pricing, marketing, sales techniques, customer information, customer histories, etc. Defendants used or disclosed Plaintiffs’ trade secrets in violation of their contractual relationship with Plaintiffs, and unlawfully obtained Plaintiffs’ trade secrets from Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer, and used or disclosed such trade secrets. Plaintiffs have suffered injury as a result.

52. As a result of Defendants’ misappropriation and/or disclosure of trade secrets, Plaintiffs have suffered actual, consequential, incidental and special damages to Plaintiffs for which Plaintiffs now bring suit. Plaintiffs seek exemplary damages in an amount sufficient to deter similar conduct by Defendants in the future in an amount to be determined by the trier of fact.

53. Furthermore, Plaintiffs have suffered irreparable injury and will continue to suffer irreparable harm if the actions and conduct of Defendants, as stated herein, are not restrained by this Court through an injunctive order. Accordingly, Plaintiffs request that this Court enter a temporary restraining order, a temporary injunction, and upon trial a permanent injunction enjoining such acts and conduct.

Count Four– Common Law Misappropriation

54. Plaintiffs incorporate and reallege the allegations set forth above.

55. Plaintiffs have created confidential information concerning their product, pricing, marketing, sales techniques, customer information, customer histories, etc. through extensive time, labor, skill and money. Defendants have used this information in competition with Plaintiffs thereby gaining a special advantage in that competition because Defendants are burdened with little or none of the expense incurred by the Plaintiffs. As a result, Plaintiffs have suffered damages.

56. As a result of Defendants’ common law misappropriation, Plaintiffs have suffered actual, consequential, incidental and special damages to Plaintiffs for which Plaintiffs now bring suit. Plaintiffs seek exemplary damages in an amount sufficient to deter similar conduct by Defendants in the future in an amount to be determined by the trier of fact.

57. Furthermore, Plaintiffs have suffered irreparable injury and will continue to suffer irreparable harm if the actions and conduct of Defendants, as stated herein, are not restrained by this Court through an injunctive order. Accordingly, Plaintiff requests that this Court enter a temporary restraining order, a temporary injunction, and upon trial a permanent injunction enjoining such acts and conduct.

Count Five- Violation of the Texas Theft Liability Act

58. Plaintiffs incorporate and reallege the allegations set forth above.

59. Through the course of their business, Plaintiffs have developed, compiled, and maintained a substantial amount of non-public, confidential, and proprietary information and trade secrets. Defendants have unlawfully appropriated valuable, confidential business information and documents belonging to Plaintiffs. The unlawful appropriation by Defendants constitutes theft of trade secrets under TEXAS PENAL CoDE § 31.05, and Defendants have stolen trade secrets from Plaintiffs and/or made copies of material representing a trade secret without Plaintiffs’ effective consent. Plaintiffs have suffered damages as a result of Defendants’ unlawful appropriation of Plaintiffs trade secrets, in an amount to be determined at trial. Further, Plaintiffs have retained the undersigned counsel to prosecute this claim against Defendants and are entitled to their court costs and reasonable and necessary attorneys’ fees pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE § 134.005(b).

Count Six Conversion

60. Plaintiffs incorporate and reallege the allegations set forth above

61. On information and belief, Defendants converted and unlawfully and without authority assumed dominion and control over certain property of Plaintiffs, including the confidential files of Plaintiffs, their client information, and certain client-resource property of Plaintiffs, including Plaintiffs’ marketing brochures, presentations, and strategy information.

62. Defendants’ conversion of Plaintiffs’ property was malicious because they knew their actions were unlawful and without authority. Accordingly, Plaintiffs are entitled to actual, consequential, incidental and special damages for which Plaintiffs now bring suit. Plaintiffs seek exemplary damages in an amount sufficient to deter similar conduct by Defendants in the future in an amount to be determined by the trier of fact.

Count Seven Tortious Interference with Existing Contracts

63. Plaintiffs incorporate and reallege the allegations set forth above.

64. Plaintiffs entered into a contractual relationship with Steffe, Keranen, Bott, Gonzalez, Rutkowski, Palmer and others. Defendants were aware of Plaintiffs’ contractual relationships with Steffe, Keranen, Bott, Gonzalez, Rutkowski, Palmer, and others. Defendants intentionally interfered with Plaintiffs’ contractual relationships with Steffe, Keranen, Bott, Gonzalez, Rutkowski, and Palmer, as well as others.

65. As a result of Defendants’ tortious interference with Plaintiffs’ contractual relationships, Plaintiffs have suffered actual, consequential, incidental and special damages for which Plaintiffs now bring suit. Plaintiffs seek exemplary damages in an amount sufficient to deter similar conduct by Defendants in the future.

Count Eight– Civil Conspiracy

66. Plaintiffs incorporate and reallege the allegations set forth above.

67. All Defendants were a member of a combination of two or more persons. The object of the combination was to unlawfully obtain Plaintiffs’ confidential and trade secret information. The members of the conspiracy had a meeting of the minds on the object or course of action. One of the members of the conspiracy committed an unlawful, overt act to further the object or course of action. Plaintiffs have suffered injury as a proximate result of the wrongful act.

68. As a result of Defendants’ consptracy, Plaintiffs have suffered actual, consequential, incidental and special damages, for which Defendants should be held jointly and severally liable. Plaintiffs seek exemplary damages in an amount sufficient to deter similar conduct by Defendants in the future in an amount to be determined by the trier of fact.

Count Nine -Aiding and Abetting

69. Plaintiffs incorporate and reallege the allegations set forth above.

70. Steffe, Keranen, Bott, Rutkowski, Gonzalez, and Palmer owed Plaintiffs a fiduciary duty not to disclose Plaintiffs’ confidential and trade secret information during, and after the termination of, their relationship with Plaintiffs. Defendants aided and abetted Steffe, Keranen, Bott, Rutkowski, Gonzalez, and Palmer in the breach of their fiduciary duties by disclosing Plaintiffs confidential and trade secret information to Defendants, a direct competitor of Plaintiffs.

71. Defendants aided and abetted Steffe, Keranen, Bott, Rutkowski, Gonzalez, and Palmer and committed torts against Plaintiffs. Defendants had specific intent and knowledge that their conduct constituted a tort and Defendants had the intent to assist each other in committing the torts.

72. Defendants and Steffe, Keranen, Bott, Rutkowski, Gonzalez, and Palmer gave each other assistance or encouragement and the Defendants’ assistance or encouragement was a substantial factor in causing the torts. The actions of Defendants complained of herein were a proximate cause of harm to Plaintiffs and have resulted in actual damages in an amount within the jurisdictional limits of this Court for which sums Plaintiffs now sue Defendants, who should be held jointly and severally liable for the underlying torts.

73. As a result of Defendants’ conduct, which was committed knowingly, willfully, intentionally, with actual awareness, or with actual malice, Plaintiffs also seek the recovery of exemplary damages of not less than three times the amount of Plaintiffs’ actual damages.

Count Ten -Business Disparagement

74. Plaintiffs incorporate and reallege the allegations set forth above.

75. Defendants intentionally published false statements, and the statements were reasonably understood by those who read or heard them to cast doubt upon the veracity and competence of Plaintiffs’ reputation. The defamatory statements made by Defendants were false and made with malice. Defendants lack privilege for these statements and this business disparagement caused Plaintiffs special damages. As a direct and proximate result of Defendants’ false and defamatory statements, Plaintiffs’ business reputation, good name, and standing in the community have been damaged.

76. Consequently, Plaintiffs seek actual and special damages for Defendants’ acts of business disparagement, in an amount within the jurisdictional limit of the Court. Further, the acts of business disparagement as described above were willful and wanton, done with a specific intent to cause substantial injury to Plaintiffs, and with a conscious disregard for the rights of others, Plaintiffs seek exemplary damages from Defendants as well as interest and costs.

Count Eleven -Defamation

77. Plaintiffs incorporate and reallege the allegations set forth above.

78. Defendants published statements of fact referring to Plaintiffs that were defamatory and false. With regard to the truth of the statements, Defendants were: (1) acting with actual malice; (2) negligent; and/or, (3) liable without regard to fault. As a result of Defendants’ defamation, Plaintiffs have suffered pecuniary injury.

79. Plaintiffs have suffered actual and consequential damages in an amount that is within the jurisdictional limits of this Court, for which Plaintiffs now bring this suit and seeks the recovery of exemplary damages, interest, and costs.

Count Twelve– Attorneys’ Fees

80. Plaintiffs incorporate and reallege the allegations set forth above.

81. As a result of the actions of Defendants, it was necessary for Plaintiffs to employ the services of the undersigned counsel to conduct this litigation. Plaintiffs are entitled to recover a sum equal to all reasonable attorney’s fees and costs of court incurred in prosecuting this lawsuit, as well as all post-judgment proceedings and appellate proceedings, in accordance with Chapter 38 of the Texas Civil Practice and Remedies Code.

Count Thirteen -Exemplary Damages

82. Plaintiffs incorporate and reallege the allegations set forth above.

83. The acts complained of herein were committed knowingly, willfully, intentionally, with actual awareness, or with actual malice. In order to punish Defendants for such unconscionable overreaching and to deter such actions and/or omissions in the future, Plaintiffs seek recovery against Defendants for exemplary damages as provided by Chapter 41 of the Texas Civil Practice and Remedies Code.

VII.

CONDITIONS PRECEDENT

84. All conditions precedent necessary for Plaintiff to have and recover in this action have been performed, have occurred, or have been waived.

VIII.

JURY DEMAND

85. Plaintiffs demand that this Court empanel a lawful jury to hear this case.

IX.

REQUEST FOR DISCLOSURE

86. Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs request that Defendants disclose to Plaintiffs within fifty (50) days of this service of this request, the information and materials described in Texas Rule of Civil Procedure 194.2(a) through 194.2(k).

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that citation issue and process be served on Defendants, that Plaintiffs be granted a Temporary Restraining Order, that Plaintiffs be granted a Temporary Injunction and that, upon final hearing, Plaintiffs have and recover a Permanent Injunction against Defendants, a decree requiring Defendants to specifically perform in accordance with the covenant not to compete contained in the Agreements, judgment from and against Defendants as requested above, for reasonable attorney’s fees incurred by Plaintiffs in prosecuting this action, for costs and expenses of suit herein, for pre-judgment and post-judgment interest on all monetary relief sought herein at the highest rates allowed by law; and, for such other and further relief to which Plaintiffs may be justly entitled.

Respectfully submitted,

CARTER STAFFORD ARNETT HAMADA & MOCKLER, PLLC s=K –\(

J.,R6hert Arnett ll

State Bar No. 01332900/

8150N. Central Expressway, Suite 1950

Dallas, Texas 75206

(214) 550w8188 (Telephone) (214) 550-8185 (Facsimile)

FRIEDMAN & FElGER, L.L.P.

Lawrence J. Friedman

State Bar No. 07469300

Michael L. Gaubert

State Bar No. 00785903

Carter Boisvert

State Bar No. 24045519

5301 Spdng Valley Road, Suite 200

Dallas, Texas 75254

(972) 788-1400 (Telephone)

(972) 788-2667.(Telecopier)

ATTORNEYS FOR PLAINTIFFS

 

 

 

 

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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MLM Editorial Rant: What Does Ocean Avenue, Evolv, Melaleuca & Max International Have In Common? Ken Dunn

Over the last eight months, I have heard from Network Marketing Pros, around the globe asking me about Ocean Avenue, and what it has in common with Max International and Evolv… Well one of the answers, is Ken Dunn! Now don’t get me wrong there are many other similarities… Great founders, solid products, and profitable compensation plans at all levels, and most of all stellar networkers in the field.

However, lately there seems to be some form of under-current from people inside and outside of these companies who want to propagate half truths, and bold face lies against the companies above. Now, I am not going to go into all the details, but below you can see for yourself about Ocean Avenue, from the reporting we have done over the last eight months… And in the near future I will be covering some of the new leaders who have joined Evolv of late!

ocean-avenue-logo

August 7 2012: New International Family Drive Network Marketing Company Launching…

August 9th 2012: Breaking MLM News: Franco Cavaleri Accepts Chief Science Officer Position At MLM Start-Up Ocean Avenue

August 14th 2012: Breaking MLM News: Ken Dunn & Fred Ninow Back Together Again Launching Ocean Avenue

September 3rd 2012: Breaking MLM News: Travis and Summer Flaherty Announce They Have Found a New Home At Ocean Avenue

September 4th 2012: MLM Leaders Rob & Tiffanie Moffitt Have Made Their Decision And Have Joined…

September 13th 2012: MLM Company Review: Ocean Avenue Chief Science Officer, Franco Cavaleri Shares His Passion For Nutritional Empowerment

September 24th 2012: Breaking Ocean Avenue News: Successful MLM Leaders Mark & Lyn-Dee Eldridge Join The Ocean 10 Wave Why?

November 2nd 2012: Breaking Ocean Avenue News: Christian and Stephanie Hockley Top 10 Income Earners In The First 30 Days

November 7th 2012: Ocean Avenue News: First Months Numbers, And a Little About Kids Zone

April 1st 2013: MLM Help Desk – Ocean Avenue News: Travis & Summer Flaherty First Diamond Ambassadors

Now, don’t get me wrong ANY company growing as fast as Ocean Avenue is growing, will run into growing pains. More experience team reps will be hired to answer the phones, c-level execs, will change positions, new talent will be brought in, and the best news is the field leaders will continue to attract more team members. Ocean Avenue is the fastest growing international start-up network marketing company currently and we look forward to continuing to follow their story and the stories of the Ambassadors who call it home.

So if you read a blog post by Kevin Johnson titled “Ken Dunn & Ocean Avenue Scam”, you can rest assured he left out a boatload of information. And if you do not do your own due diligence, and only rely on what Kevin Johnson wrote, you may end up in a whirlpool of misinformation.

Living An Epic Adventure,

Troy Dooly

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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Breaking MLM News: MonaVie President of North America Randy Schroeder Calls Zeek Rewards Ponzi And Is Suing Two Former Top Distributors

Last night when I started getting the links and downloads of Randy Schroeder’s call, I took time to listen, text Dallin Larsen founder of MonaVie my concerns, then took time to reflect on the call and get some advice on how to handle it. As a dug into some of the background I found two new lawsuits filed against former top MonaVie distributors. After some thought, I decide it was important to address these issues publicly.

My overall concern is not that Randy Schroeder would make his opinions known. This is his Right as a U.S. Citizen. But, even though we have the Right to Free Speech, with that right comes responsibility as well as consequences for what we say.

You can hear what Randy Schroeder President of North America has to say about Zeek Rewards by clicikng hear.

The specific info can be found between about 5mins to 8 mins into the call.

As the leader of a billion dollar multi-national health and nutrition company in the network marketing community, Schroeder should be very careful what he has to say about any other company. Although he made it clear he was not speaking on behalf of MonaVie, as an officer of the company, he places the company and their distributors in jeopardy if Rex Venture Group LLC were to file some form of civil action.

It did cause me to recall a time a few years ago, where I voiced my opinion on why Randy Schroerder left Agel. I reported that “it must be for the money he was paid.” Randy was quick to comment on my blog post, and I quickly updated with the truth. I learned a valuable lesson that night… “get the fact before you speak.” Each time I have not done that, I have ended up with egg on my face.

I challenge Randy and Dallin to take the corporate jet and travel to N.C. next week as my guests to the Red Carpet Day event. I will introduce you to Paul Burks, and his team and let you better understand their drive and mission for the company.

Later I found two current lawsuits against former distributors of MonaVie who had joined Evolv Health and Momentis Energy. I figure it is probably not wise to file a lawsuit against any distributors who have joined Zeek Rewards because to do so, one of two things will happen. You would need to file the lawsuit as MonaVie has the first two (see Below)

MonaVie LLC, a Delaware company
v.
Stay-Fit Inc., a California corporation; Joseph Licciardi
7/18/2012 2:12 cv 704 Waddoups
(Central) Contract. Defendants solicited plaintiff’s distributors to join another network marketing company, Momentis, and it seeks consequential damages and injunctive relief.
Paid download
Graden Jackson
Strong & Hanni

MonaVie LLC, a Delaware company
v.
TS Health Source Inc., a Florida corporation; Todd Smith; Stephanie Smith
7/18/2012 2:12 cv 705 Furse
(Central) Contract. Defendants solicited plaintiff’s distributors to join another network marketing company, Evolv, and it seeks consequential damages and injunctive relief.
Paid download
Graden Jackson
Strong & Hanni

Or you would have to file it stating the former distributor had joined a ponzi and/or pyramid scheme, which could leave MonaVie open to a huge counter suit.

It scares me when I see any company move away from their founding mission. In the early days of MonaVie, Dallin came out strong as an advocate for distributors rights to come and go from MonaVie or any company as they please.

He was willing to fight Amway to prove his stance when they came after Brig Hart and Orrin Woodward. Yet, today as the company has grown, it seems the mission has changed.

Now, at times missions do need to change. But the one thing which should always be consistent is building trust and open communication.

If we as the network marketing community are going to promote Free Agency, the right for distributors to move when they want to move, and for companies to attract these free agents as they see fit. Then it would make sense to me, that the company owners and the free agents, should get together in advance and work out a deal where everyone can win.

I know that may just be some romantic notion on my account, but it sure seems that if everyone got together and did their best to work things out in advance. And if we would learn to treat each other as we want to be treated, that as a community we could raise the bar of excellence.

I respect the MonaVie leadership and what they have done over the years to change the lives of people. I could Randy and Dallin as causal friends in our community, and believe they have done some great things for people over the years. I just question the wisdom of lawsuits and calling anyone or any company an illegal business, without getting all the facts.

Living An Epic Adventure,
Troy Dooly

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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MLM News Report: Concerning News About Garrett & Sylvia McGrath Of Evolv Health, BK & Courtney Boreyko Celebrate Twins, & More MLM news

This weeks MLM News Report is a very special report covering some great MLM Leaders like Garrett & Sylvia McGrath and BK & Courtney Boreyko.

Home Business Radio Network

Troy Dooly Launches New E.P.I.C. Coaching Series & Monthly Membership Program At MLM Help Desk.

You can learn more by visiting the Membership Page here at MLM Help Desk

Garrett & Sylvia McGrath, President and First Lady of the ANMP (Association of Network Marketing Professionals) and Top Leaders at Evolv Health, were informed this week that Sylvia has blood clots in her lungs. Please keel this family in your prayers.

BK & Courtney Boreyko Founders Of VEMMA Nutrition Company are pleased to announce the birth of their two newest additions.

Direct Selling Assocation

DSA Member Company News

AdvoCare has signed a deal to be the first jersey sponsor of FC Dallas, a Major League Soccer club. The partnership puts AdvoCare on the front of every FC Dallas jersey and all team gear. AdvoCare will have a major presence throughout the FC Dallas stadium and complex, as well as in team media and promotional initiatives. The sponsorship also places the company on FC Dallas Academy and Youth jerseys.

Ambit Energy recently hosted a KidSwing Golf Tournament in Dallas, Texas. The event raised more than $121,000 for the Texas Scottish Rite Hospital for Children. More than 250 children, their families and 100 volunteers participated in the nine-hole, best-ball scramble. The money will go toward the renovation of Allan Shivers Park, a recreational haven for patients, families and the community, located on the hospital’s grounds.

Amway India is looking into setting up a manufacturing facility in Tamil Nadu. The proposed project would be the company’s first production facility in the country.

Avon has launched a corporate responsibility blog, called Avon’s Calling, as part of the company’s efforts to communicate and be transparent to the general public. New content will post every Tuesday, covering ideas, news and perspectives relevant to Avon’s three mission areas—which include empowering women, sustainability and philanthropy—as well as the wide-ranging areas encompassed by the ever-changing concept of corporate responsibility. The primary bloggers will be Avon’s Corporate Responsibility team, including Tod Arbogast, Vice President, Sustainability & Corporate Responsibility, and Susan Arnot Heaney, Executive Director, Corporate Responsibility. This blog is in addition to the beauty blog, Avon Insider, which launched earlier this year.

In other company news, Avon India is planning to invest $8 million to build a second manufacturing plant in the country. The new plant will be built over the next three years and will be in addition to the plant the company has in Dehradun with an annual production capacity of 50 million units.

The Mary Kay Museum in Dallas, Texas, was voted No. 1 on “The Top 10 Sights to See in Dallas” list, according to a recent poll by Transition Optical and the Town of Addison, Texas. The poll ranked the Mary Kay Museum first among the JFK Memorial, Cowboys Stadium and other popular Dallas-area attractions, including the Fort Worth Stockyards.

In other company news, Mary Kay India announced the opening of its new office in Ludhiana. The company would like to establish a presence throughout the entire country over the next two years and plans to invest $20 million in the country over the next five years.

Primerica was announced as the 2012 Corporation of the Year at the Atlanta Council of Volunteer Administrators awards celebration for its support of worthy causes and sustained volunteer outreach commitment to the community.

Reliv was named one of St. Louis’s Top Workplaces by the St. Louis Post-Dispatch. Top Workplaces evaluates companies through a 25-question employee survey based on direction, execution and connection. “The fact that we didn’t even nominate ourselves, that employees nominated Reliv on their own accord, speaks volumes as to just how much our staff believes in what we do,” said company Executive Vice President and Chief Operating Officer R. Scott Montgomery.

When is the Right Time to Sell?

on June 20, 2012 · Leave a Comment

The art of making a sale varies widely from person to person. Everyone has his or her own style of salesmanship, so it can be difficult to figure out how to approach the process, especially if you are new to selling. However, there a few basics to follow that apply to making a sale no matter what your own style of selling is. Read on to find out when the best time is to sell.

The right time is when…

A problem can be solved with your product. Part of your job is to educate consumers about why they may have a need for what you are offering. For instance, a business person that sells luxury bedding shares her expertise about the positive effects that proper bedding can have on one’s quality of sleep. This leads the customer to reflect upon how his lack of sleep has negatively impacted certain aspects of his life. He now sees that he has a need for the product because it will solve a problem and improve his mood and productivity. When your product is the solution to a problem, the time to sell it is now.

The problem can be solved immediately. The customer should be able to get instant gratification or something close to it when purchasing your product to solve a problem. Back to the luxury bedding example, the consultant gives the customer a list of ways he will notice improvements after just one night, 7 nights, and a month of sleeping on their line of bedding. Because these are tangible benefits that the customer will get right away, the product becomes much more attractive. It solves a problem and does it quickly, and when the customer agrees with that, then the time to sell is now.

You’re better than the competitors. You should always know where you stand against your competitors. It is not uncommon for a customer to make comparisons between your product and a competitor’s, and you may even be asked how yours differs from another. The luxury bedding business person would take this opportunity to point out her product’s higher thread count, its all-natural materials, and the company’s very competitive guarantee. When you can show the customer that he or she is making the right decision to buy from you instead of someone else, then the time to sell is now.

You can get it to them fast. After all this talk of luxury bedding and a discussion about how restful your nights will be, any customer would want to give the product a try right away. A customer never wants to hear that a product is backordered or will take longer than a few days to arrive. Even better than promising a fast shipment is having the inventory on hand for occasions such as these. Granted, it isn’t always possible or financially sound to keep a lot of inventory available, but there are advantages to doing so. Imagine being able to hand the bedding set to the customer that night and saying, “If you don’t sleep more comfortable tonight, I want you to send me a text and I will personally come to your house to refund your money.” When the customer can get a quick turnaround, the time to sell is now.

The above suggestions can apply to any product being sold by any type of personality. One of the keys to a successful career in sales is knowing when the sale is possible and likely to happen. How do you know when the right time is to sell?

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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Evolv Health Attracts Hector Valdes and Olga Cabrera MLM Leaders In The Hispanic Network Marketing Profession For Over 26 Years

Team Inspirit Garrett & Sylvia McGrath Founders

Dallas, TX, May 26, 2012 — EvolvHealth, LLC announced today that seasoned entrepreneurs, company owners, and top-earning network marketers, Hector Valdes and Olga Cabrera, will be joining Evolv and promoting the e84 Challenge.

Hector Valdes has been a major force in the Hispanic network-marketing industry for over 26 years, first as a top field leader, having worked with NSA and TravelMax, and then as owner of a network marketing company that generated over $300,000,000 in sales and developed over 350,000 distributors throughout Latin America. Most recently Hector and Olga have been owners of Miami, FL based American Network Solutions (ANS) with operations in Puerto Rico, Colombia, Peru, Ecuador, Panama, Costa Rica and El Salvador. Olga Cabrera was in charge of ANS’s charitable division, which raised and donated hundreds of thousands of dollars for impoverished children in Latin America, and was also the Director of a program called “Mujer de Conquista” (Empowered Women).

“When we found out that Evolv is committed to what will be the largest expansion into Latin America ever made by a network marketing company, it really got our attention. After taking a closer look at their world-class products, management team and extensive celebrity involvement, and finding out they had the vast capital base and experience necessary to execute their aggressive expansion plans, we knew Evolv was an opportunity that we could not afford to pass up. It makes a lot more sense to be part of the Evolv success story, than to watch it happen or try to compete with it,” said Hector Valdes.

According to Olga Cabrera, “The current situation with Evolv offered Hector and I and our teams an unprecedented opportunity to expand further a massive field team partnered with a company that is destined to break records, and in the process, help thousands of our friends and leaders in Latin America achieve a level of health and financial success that would not be possible without Evolv. We are also thrilled to be working together with world-class field leaders such as Rick & Michelle Teague, Jason & Michelle Fraser, and Garrett & Sylvia McGrath, and the entire Evolv corporate executive team.”

“We are excited that internationally-recognized leaders of the caliber of Hector Valdes and Olga Cabrera have chosen to partner with us at Evolv,” said Trey White, Chairman & Co-Founder of EvolvHealth. “They have built some of the largest teams ever throughout Latin America, and now they are bringing their tremendous leadership to EvolvHealth. Our mission of improving people’s health and wealth is perfectly and synergistically aligned with theirs. I believe they will be a key part of the Evolv success story in reaching our first milestone goal of helping 8.4 million people complete the e84 Health Challenge, especially throughout Latin America.”
“2012 will be a breakout year for Evolv based on astounding growth we have seen over the last two to three months. Having such accomplished leaders as Hector Valdes and Olga Cabrera join the Evolv family is another powerful indicator that the timing with EvolvHealth could not be better,” said Brent Hicks, CEO & Co-Founder of EvolvHealth.

EvolvHealth Ambassador Garrett McGrath said: “Hector Valdes and Olga Cabrera are accomplished network marketing company owners who, over their 26-year career, have reached the pinnacle of success in direct sales and network marketing. This dynamic couple provides passionate, principled, faith-filled servant leadership, and we are very proud to be partnering together with them, their leaders, and their entire team.”

Hector Valdes has been a major force in the Hispanic network-marketing industry for over 26 years, first as a top field leader, having worked with NSA and TravelMax, and then as owner of a network marketing company that generated over $300,000,000 in sales and developed over 350,000 distributors throughout Latin America. Most recently Hector and Olga have been owners of Miami, FL based American Network Solutions (ANS) with operations in Puerto Rico, Colombia, Peru, Ecuador, Panama, Costa Rica and El Salvador. Olga Cabrera was in charge of ANS’s charitable division, which raised and donated hundreds of thousands of dollars for impoverished children in Latin America, and was also the Director of a program called “Mujer de Conquista” (Empowered Women).

ABOUT EVOLVHEALTH:
EvolvHealth is a health movement company that has set an initial goal to help 8.4 million people to realize their health, fitness, wellness and life goals by completing their own e84 Challenge. The e84 Challenge is powered by 4 core categories to creating better health: Nutrition, Exercise, Energy and Support. Evolv’s exclusive line of products and technologies are backed by science and proven results, and the e84 is supported by a one-of-a-kind Facebook App that helps Challengers stick to their e84 in a fun, social media format to reach their goals. Headquartered in Dallas, Texas, Evolv products and the e84 is marketed through a network of independent business owners in the United States, Canada, Mexico, Chile, Colombia, and Peru. Please visit http://evolvhealth.com for more information about EvolvHealth.

FOR IMMEDIATE RELEASE
CONTACT INFORMATION:

Josh Higginbotham
President of EvolvHealth, LLC
888-280-9555
media@evolvhealth.com

Evolv Health Attracts Top Hispanic Leader Hector Valdes

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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Troy Dooly’s Personal Experience With Evolv Health’s cPRIME Band

When Brent Hicks sent me the cPRIME band, I was not sure what to expect. I had read many testimonials and marketing pieces on the product, but just was not sure. Having been around network marketing for 30 plus years, I have seen just about everything, and magnet products were not new.  But… after wearing the cPrime Band for close to 90-days or a little longer, I have a short story to share in the video below.

cPrime From Evolv Health

And, it seems I am not the only one who has received a personal experience. Dustin Johnson is now wearing a cPRIME Band.

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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MLM Leader Speaks Out: Top MLM Leader Matt Mason Apologizes To His Friends At ViSalus & Evolv Health

Over the last few months, I have spoken with Matt Mason several times. Mason entered into network marketing in 2007 first at MonaVie, ViSalus Sciences and most recently Evolv Health. Today, Matt share with me his emotional story, and why he is now stepping back from network marketing. His goal is that everyone who listens to this interview will take a moment to reflect on what the network marketing community is all about… Relationships!

Matt Mason & Family

Matt Mason 90 Day Challenge

Matt Mason & Dallin Larsen

Matt Mason Today

Troy Dooly

Troy Dooly is recognized internationally as an influencer in the areas of personal branding, leadership development, marketing campaigns, organizational expansion, and corporate launch strategies. Dooly is a speaker, results coach, and radio host. He is a founding member, show host (Beachside CEO) and News Director of the Home Business Radio Network. He is a founding member, and currently serves on the Board of the Association of Network Marketing Professionals

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