Complaint Review: Customer Care for allGarcina GambogiaJoven skinbeard czar exc.list goes on. - phoenix Arizona

This "Alpha Connect" company appears to be attempting to intimidate former employees for comments posted to the Ripoff Report, pertaining to suspected or actual violations of consumer protection laws or regulations. What competent attorney believes a defendant in a civil suit can be "served" via a posting on an Internet site the intended recipient(s) may (or may not) ever see? Two cases currently pending in Maricopa County Superior Court, brought by the company against "John Doe" for similar posts, seems to be a blatant attempt to invoke fear in other employees with similar knowledge, who may be tempted to blow the whistle. A quick check of the court dockets in these pending matters indicates judges in both cases have signaled their inclination to dismiss, due to the plaintiff's inability to identify, locate or serve intended defendants. The lawsuits appear the be a desperate effort to leverage non-disclosure agreements the employee(s) signed as a condition of employment. Apparently, Alpha Connect's sharp legal team is also oblivious to the fact that The Restatement (Third) of Unfair Competition recognizes a privilege to disclose trade secrets in certain circumstances like public health/safety and commission of a crime or tort: Section 40, comment c: "The existence of a privilege to disclose another's trade secret depends upon the circumstances of the particular case, including the nature of the information, the purpose of the disclosure, and the means by which the actor acquired the information. A privilege is likely to be recognized, for example, in connection with the disclosure of information that is relevant to public health or safety, or to the commission of a crime or tort, or to other matters of substantial public concern." In Lachman v. Sperry-Sun Well Surveying Company, 457 F.2d 850 (10th Cir., 1972) the court cites the Restatement of Contracts, § 577 "A bargain, performance of which would tend to harm third persons by deceiving them as to material facts, or by defrauding them, or without justification by other means is illegal." A more recent case cited Lachman as authority to find "nondisclosure agreement not binding in respect to criminal activity." Bartnicki v Vopper, 532 U.S. 514 (2001) The tactics employed by this company to silence former employees seem not only obtuse and heavy-handed; but also, have potential to unleash a torrent of information they seem to be trying so desperately to keep under wraps. Is it possible the lawyers who devised this brilliant strategy are not aware that simply filing these lawsuits also affords the defendants certain rights, including the right to depose, on the record and under oath, company employees, managers, executives, owners, clients, customers, business associates (and their employees, managers and executives) regarding any matters the court deems relevant? And, if the court deems anything irrelevant, a sharp defense attorney can use offers of proof and other procedural tactics to back door anything into the record, for consideration by an appellate court in the event of a verdict they do not like? That could have all kinds of unintended consequences for a company like this one, if the disclosures contained in the former employee's post are found by the court to have merit. Food for thought...

Please take notice that an action in the Superior Court of the State of Arizona in and for the County of Maricopa, Case No. CV2016-094965 (the Action) has been initiated.

In the Action, the Plaintiff seeks to subpoena Xcentric Ventures LLC for your contact information, IP address, any other information which would identify you, and any other messages that you have posted on the website known as Rip Off Report, located at www.ripoffreport.com, under the pseudonym "Portia Martin Phoenix Arizona USA" or any other pseudonym about the Plaintiff.

If you do not respond within five (5) business days with your true and correct contact information to our law firm via email ([email protected]) or by telephone (480-588-0449), we will subpoena the records outlined above.

You may have a right to file and serve a response to the subpoena anonomously.  If you intend to file and serve a response, please do so, or notify us of your intent to do so, on or before August 29, 2016.