HOUSTON, May 8 /PRNewswire/ -- A Houston state district court jury rejected a multi-million-dollar
trade secrets lawsuit by National Oilwell Varco (NYSE: NOV - News)
and cleared four former employees and their current employer, A&B Valve and
Piping Systems, LP, after a four-week-trial.
The jury found Wednesday that A&B and the employees -- Connie Dobson, Martin
Willmore, Tara Kolar and Lina Urbanek -- did not use trade secrets, violate any
fiduciary duty to NOV, misappropriate trade secrets, or breach contracts or nondisclosure
agreements when they left the company for better paying jobs at A&B, a competing
oilfield supply company, in October 2006. A&B was cleared of tortiously interfering
with NOV's nondisclosure agreements.
A&B and its employees are represented by attorneys Joe Ahmad and John Zavitsanos
of Ahmad Zavitsanos & Anaipakos, P.C., in Houston; Paul Aronowitz; Boris Hidalgo
and Mano DeAyala of Thompson & Knight LLP, in Houston; and Tom Wright, Harvey
Brown, Russ Hollenbeck, and Brad Snead of Wright, Brown & Close, LLP, in Houston.
NOV filed the suit in December 2006, seeking multi-million-dollar damages, including
attorneys' fees, punitive damages, and an injunction to prohibit A&B Valve and
the employees from competing against NOV with more than 90 companies. NOV further
sought to have the former employees forfeit salaries they had earned since joining
A&B.
Mr. Ahmad stated, "Had A&B not prevailed, the rights of 'at-will' employees
in Texas would have been endangered by this lawsuit. In effect, NOV was attempting
to convert a standard nondisclosure agreement into a lifetime noncompetition agreement
with no geographic limitations. Ironically, under Texas law, an actual noncompetition
agreement must be limited both as to time and geographic scope in order to be enforceable."
A&B successfully argued that the information claimed by NOV to be confidential
was in the public domain. In A&B's view, the case was of great importance, not
only for the continued viability of A&B, but also because of the novel and aggressive
position taken regarding the types of information that would be trade secrets under
Texas law.
Mr. Aronowitz stated, "This lawsuit apparently was intended to chill the hot labor
market for experienced sales personnel in the brimming oil field supply business.
It seems to have been intended as a shot across the bow of any competitor who would
try to hire their employees. The winners here are not only our clients, but also
other oilfield service company employees who can seek better employment without
fearing frivolous and potentially crushing lawsuits."
NOV is represented by J.D. Page; Elliot Tucker and Roy Barnes, of Tucker, Vaughan,
Gardner & Barnes, P.C. in Houston; and Don Jackson and Eileen O'Neill of Ware,
Jackson, Lee & Chambers, L.L.P. in Houston.
The case is "National Oilwell Varco, L.P. v. A&B Bolt & Supply, Inc. a/k/a
A&B Valve and Piping Systems; et al," (Cause No. 2006-79749, in the 113th Judicial
District, Harris County, Texas).
Attorney Contact: John Zavitsanos, Ahmad Zavitsanos & Anaipakos, P.C., 713-655-1101.
Media Contact: Erin Powers, Powers MediaWorks LLC, for Ahmad Zavitsanos & Anaipakos,
P.C., 281-362-1411 or 281-703-6000.