Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 1 of 57
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`Civil Action File No.:
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`JURY TRIAL DEMANDED
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`VERIFIED COMPLAINT
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`TELECOM FIBER, LLC,
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`Plaintiff,
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`v.
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`GEORGE BRUCE MULRONEY,
`BRANDON SCOTT EVANS,
`ERNEST JACOB CROWE, and
`JARED REDMOND CHARLES,
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`Defendants.
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`COMES NOW Plaintiff Telecom Fiber, LLC (“Telecom Fiber”) and files this
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`its Verified Complaint against Defendants George Bruce Mulroney (“Defendant
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`Mulroney”), Brandon Scott Evans (“Defendant Evans”); Ernest Jacob Crowe
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`(“Defendant Crowe”); and Jared Redmond Charles (“Defendant Charles”) and
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`respectfully shows this Court as follows:
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`PARTIES AND JURISDICTION
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`1.
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`Telecom Fiber is a Georgia limited liability company, duly organized and
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`registered with the Georgia Secretary of State.
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`1
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 2 of 57
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`2.
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`Telecom Fiber’s principal place of business is located at 922 Hurricane Shoals
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`Road, NE; Building A; Lawrenceville, Georgia 30043.
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`3.
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`Defendant Mulroney is a Georgia resident who may be served with process at
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`303 Junction Court; Winder, Barrow County, Georgia 30680 or otherwise as
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`provided by law.
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`4.
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`Defendant Mulroney is subject to the personal jurisdiction of this Court.
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`5.
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`Defendant Evans is a Georgia resident who may be served with process at 543
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`Hickeria Way; Winder, Barrow County, Georgia 30680 or otherwise as provided by
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`law.
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`6.
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`Defendant Evans is subject to the personal jurisdiction of this Court.
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`7.
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`Defendant Crowe is a Georgia resident who may be served with process at
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`880 Arch Tanner Road; Bethlehem, Barrow County, Georgia 30620 or otherwise as
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`provided by law.
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`2
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 3 of 57
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`8.
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`Defendant Crowe is subject to the personal jurisdiction of this Court.
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`9.
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`Defendant Charles is a Georgia resident who may be served with process at
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`395 Bates Avenue; Fayetteville, Fayette County, Georgia 30215 or otherwise as
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`provided by law.
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`10.
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`Defendant Charles is subject to the personal jurisdiction of this Court.
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`11.
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`This Court has subject matter jurisdiction over Counts II and VII of this
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`Complaint pursuant to 28 U.S.C. § 1331 because these claims arise under federal
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`law.
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`12.
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`This Court has subject matter jurisdiction over Telecom Fiber’s state law
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`claims (Counts I, III-VI, and VIII-XI) pursuant to 28 U.S.C. § 1367.
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`13.
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`Venue is this Court is proper pursuant to 28 U.S.C. § 1391(b)(1) because each
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`defendant resides in this judicial district and all defendants are residents of the state
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`in which this judicial district is located.
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`3
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`14.
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`Venue in this Court is proper pursuant to 28 U.S.C. § 1391(b)(2) because a
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`substantial part of the events or omissions giving rise to the claims in this action
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`occurred in this judicial district.
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`15.
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`By agreement of the parties, this action is governed by Georgia law.
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`16.
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`Georgia has a legitimate and material interest in enforcing restrictive
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`covenants entered into by companies that are headquartered here. Given that
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`Telecom Fiber is headquartered in Georgia, there is a valid and legitimate basis for
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`the Employee Covenants Agreements (defined herein) to have a Georgia forum
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`selection clause.
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`STATEMENT OF FACTS
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`17.
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`Telecom Fiber is a leading installer of fiber optic cable and service provider
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`for fiber optic networks for the southeastern United States.
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`18.
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`Telecom Fiber constructs fiber optic networks and provides emergency
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`response and maintenance services for fiber optic networks.
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`4
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`19.
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`A large percentage of Telecom Fiber’s revenue is derived from providing
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`emergency response services and repairing breaks or interruptions in a fiber optic
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`network.
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`20.
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`Telecom Fiber has expended significant resources in developing its
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`proprietary information including Telecom Fiber’s operational structure; customer,
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`supplier, and vendor contracts; pricing structure and pricing matrix; material costs
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`pricing matrix; Fiber Technician training program; methods of reporting on-the-job
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`test results; detailed records of its customers’ networks including building locations,
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`network layouts, fiber routes, fiber splicing diagrams, as-built records, and distance
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`records; fully-stocked service truck inventory and design; quality control procedures
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`for Telecom Fiber’s services; and customer information and customer service model.
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`The foregoing proprietary information is hereinafter collectively referred to as
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`“Trade Secrets.”
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`21.
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`Telecom Fiber’s Trade Secrets are valuable confidential business information
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`which are not publicly available or known.
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`5
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`22.
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`Telecom Fiber employs field technicians known as splicers.
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`23.
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`In the fiber optic industry, splicers are trained to properly join two fiber optic
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`cables together in order to extend the length of a fiber optic cable or restore or repair
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`a fiber optic cable.
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`24.
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`Telecom Fiber’s splicers use Telecom Fiber’s Trade Secrets and knowledge
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`of the fiber optic networks in the metro-Atlanta area accumulated over Telecom
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`Fiber’s five (5)-year history as well as over twenty (20) years of fiber optic network
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`experience held by Telecom Fiber’s leadership to efficiently identify the location of
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`the problem causing a network outage and repair the damaged fiber optic cable via
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`splicing.
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`25.
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`Telecom Fiber’s Trade Secrets and superior knowledge and record keeping of
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`fiber optic networks allows Telecom Fiber to significantly reduce the response time
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`to emergency requests from its customers.
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`6
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`26.
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`Telecom Fiber’s Trade Secrets and knowledge and record keeping of the fiber
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`optic networks in the metro-Atlanta area provides Telecom Fiber with a competitive
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`advantage in the fiber optics emergency response service industry.
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`27.
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`Telecom Fiber also employs account managers for each of its customers.
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`28.
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`Telecom Fiber’s account managers are responsible for managing the business
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`relationship between Telecom Fiber and the Telecom Fiber customer to which the
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`account manager is assigned, which includes project planning and pricing, as well
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`as the supervision of the scheduling, performance, and completion of projects.
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`29.
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`Telecom Fiber’s splicers and account managers require access to Telecom
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`Fiber’s Trade Secrets regarding the fiber optic networks in the metro Atlanta area
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`and each of Telecom Fiber’s customers.
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`30.
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`Having access to Telecom Fiber’s Trade Secrets allows the splicers and
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`account managers to better serve Telecom Fiber’s customers by quickly and
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`efficiently identifying the location of the network outage so that the emergency
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`7
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`repair or maintenance request can be completed in as little time as possible to avoid
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`service interruptions.
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`31.
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`In order to provide its splicers and account managers access to Telecom
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`Fiber’s Trade Secrets while out in the field, Telecom Fiber houses some of its Trade
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`Secrets on a corporate Dropbox account.
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`32.
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`On or about March 21, 2015, Telecom Fiber hired Defendant Mulroney as the
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`Director of Operations and the account manager of Telecom Fiber’s primary
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`customer, Zayo Group, a company providing communications infrastructure
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`services (“Zayo”).
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`33.
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`Defendant Mulroney’s primary duties and responsibilities as Telecom Fiber’s
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`Director of Operations and Zayo’s account manager included the following: direct
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`oversight of all of Zayo’s splicing and emergency response services provided by
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`Telecom Fiber; representing Telecom Fiber in all communications between Telecom
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`Fiber and Zayo regarding splicing services provided by Telecom Fiber to Zayo;
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`management of the pricing and planning of all splicing projects serviced by Telecom
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`Fiber; scheduling and direct supervision of all splicers employed by Telecom Fiber,
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`8
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 9 of 57
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`including Defendants Evans, Crowe, and Charles; and interviewing, hiring, and
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`training all splicers employed by Telecom Fiber.
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`34.
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`In his role as the Director of Operations and account manager for Zayo,
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`Defendant Mulroney obtained knowledge of Telecom Fiber’s Trade Secrets and
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`confidential information, goodwill, and business relationship with Zayo, including
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`but not limited to: Telecom Fiber’s sales and marketing plans; business and strategic
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`plans; operations; and Telecom Fiber’s extensive knowledge of the fiber optic
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`network in the metro Atlanta area.
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`35.
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`Because Telecom Fiber provided Defendant Mulroney with access to
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`Telecom Fiber’s Trade Secrets and confidential information and as a term and
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`condition of his employment, Telecom Fiber required Defendant Mulroney to sign
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`a Telecom Fiber, LLC Employee Covenants Agreement. A true and correct copy of
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`the Telecom Fiber, LLC Employee Covenants Agreement executed by Defendant
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`Mulroney on November 20, 2015 (“Mulroney Agreement”) is attached hereto as
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`Exhibit A.
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`36.
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`The Mulroney Agreement provided as follows:
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`9
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 10 of 57
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`Employee expressly covenants and agrees that, during the period of
`employment, and (i) regarding Confidential Information, for a period
`of thirty-six (36) consecutive months after employment terminates for
`any reason whatsoever, and (ii) regarding Trade Secrets, for so long as
`such information remains trade secrets, Employee will not, except only
`as required for the benefit of TELECOM FIBER in carrying out
`Employee’s duties pursuant to this agreement, directly or indirectly,
`divulge, disclose, convey, or publish to any person or entity, or
`reproduce, use or apply for Employee’s own benefit, or the benefit of
`another or others, in any way, any Trade Secrets or Confidential
`Information of TELECOM FIBER. Employee also agrees that while
`employed, he will observe all security measures implemented by
`TELECOM FIBER to protect its Trade Secrets and Confidential
`Information as well as any Customer Confidential Information. In
`addition, Employee covenants and agrees that he will never disclose
`Customer Confidential Information of any of TELECOM FIBER’S
`current or former customers, except as required for the benefit of
`TELECOM FIBER and/or the customer in carrying out Employee’s
`duties while employed at TELECOM FIBER.
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`Mulroney Agreement, Section 3(b).
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`37.
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`The Mulroney Agreement defined “Trade Secrets” as “information as defined
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`in O.C.G.A. § 10-1-761(4).” Mulroney Agreement, Section 2.
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`38.
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`The Mulroney Agreement defined “Confidential Information” as “any and all
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`information and documentation, without regard to form, other than Trade Secrets,
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`which related to Telecom Fiber’s business and which is confidential and proprietary
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`to TELECOM FIBER.” Id.
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`10
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`The Mulroney Agreement further provided that:
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`39.
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`Trade Secrets and Confidential Information do not include any
`information that (i) is commonly known by or available to the public,
`(ii) has been voluntarily disclosed to the public by TELECOM FIBER
`(or for information relating to a customer of TELECOM FIBER has
`been voluntarily disclosed to the public by that customer) or has been
`approved for release to the public, or (iii) has otherwise entered the
`public domain through lawful means. For purposes of this Agreement,
`Trade Secrets and Confidential Information may include, but not be
`limited to, information (in whatever form) relating to or regarding
`TELECOM FIBER’s fiber optic business and other such business in
`which it engages, and the tangible media upon which same is recorded,
`as well as customer lists, employee lists, sales and operations
`information, internal pricing lists, financial information regarding
`TELECOM FIBER and similar matters.
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`40.
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`The Mulroney Agreement defined “Customer Confidential Information” as
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`[A]ny and all information and documentation, without regard to form,
`which relates to the business of any customer of TELECOM FIBER,
`and which is confidential and proprietary to such customer. For the
`purposes of this Agreement, Customer Confidential Information may
`include, but not be limited to, information (in whatever form) relating
`to or regarding to such customer’s fiber optic network or facility, its
`fiber optic business and other such business in which it engages, and
`the tangible media upon which same is recorded, as well as the
`customer’s customer lists, employee lists, sales and operations
`information, internal pricing lists, financial information regarding the
`customer and similar matters.
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`11
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`Id.
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`Id.
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`On or about June 13, 2016, Telecom Fiber hired Defendant Brandon Scott
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`41.
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`Evans as a splicer.
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`42.
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`On or about November 6, 2017, Telecom Fiber hired Defendant Ernest Jacob
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`Crowe as a splicer.
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`43.
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`On or about January 3, 2017, Telecom Fiber hired Defendant Jared Redmond
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`Charles as a splicer.
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`44.
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`Defendants Evans, Crowe, and Charles’ primary duties and responsibilities as
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`splicers included the following: splicing fiber optic cables and conducting testing,
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`maintenance, installation, and repair of fiber optic cables.
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`45.
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`Defendant Mulroney was the direct supervisor of Defendants Evans, Crowe,
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`and Charles while Defendants were employed by Telecom Fiber.
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`46.
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`Prior to their employment with Telecom Fiber, Defendants Evans and Charles
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`had no experience as splicers and no knowledge of fiber optic networks.
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`47.
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`Prior to his employment with Telecom Fiber, Defendant Crowe had a
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`rudimentary knowledge of fiber optics as he had previously been employed as a field
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`technician for a telecommunications and internet service provider.
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`48.
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`However, Defendant Crowe’s rudimentary knowledge of fiber optics was not
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`sufficient for Defendant Crowe to begin his employment as a splicer for Telecom
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`Fiber without extensive training and education regarding fiber optic networks and
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`splicing.
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`49.
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`The fiber optic field is a highly technical and specialized field, and Telcom
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`Fiber invested a considerable amount of its resources, time, energy and effort, as
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`Telecom Fiber deemed appropriate, to educate and train Defendants Evans, Crowe,
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`and Charles in this field so that Defendants Evans, Crowe, and Charles could
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`perform their job in a workmanlike manner, could increase their skills, and could
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`provide valuable services to Telecom Fiber and Telecom Fiber’s customers.
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`13
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 14 of 57
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`50.
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`Telecom Fiber conducted an extensive training program with Defendants
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`Evans, Crowe, and Charles over the first twelve (12) to eighteen (18) months of their
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`employment with Telecom Fiber.
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`51.
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`Defendants Evans, Crowe, and Charles were therefore key employees of
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`Telecom Fiber by virtue of Telecom Fiber’s investment of time, training, money,
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`trust, exposure to Telecom Fiber’s customers, and the possession of specialized
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`skills, learning, and abilities by reason of having worked for Telecom Fiber.
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`52.
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`On or about June 13, 2016, Defendant Evans executed a Telecom Fiber, LLC
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`Employee Covenants Agreement. A true and correct copy of the Telecom Fiber,
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`LLC Employee Covenants Agreement executed by Defendant Evans on June 13,
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`2016 (“Evans Agreement”) is attached hereto as Exhibit B.
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`53.
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`On or about November 6, 2017, Defendant Crowe executed a Telecom Fiber,
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`LLC Employee Covenants Agreement. A true and correct copy of the Telecom
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`Fiber, LLC Employee Covenants Agreement executed by Defendant Crowe on
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`November 6, 2017 (“Crowe Agreement”) is attached hereto as Exhibit C.
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`14
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 15 of 57
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`54.
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`On or about January 3, 2017, Defendant Charles executed a Telecom Fiber,
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`LLC Employee Covenants Agreement. A true and correct copy of the Telecom
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`Fiber, LLC Employee Covenants Agreement executed by Defendant Charles on
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`January 3, 2017 (“Charles Agreement”) is attached hereto as Exhibit D. (The
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`Mulroney Agreement, Evans Agreement, Crowe Agreement, and Charles
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`Agreement are hereinafter collectively referred to as the “Employee Covenants
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`Agreements”).
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`55.
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`The Evans Agreement, Crowe Agreement, and Charles Agreement each
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`contain the following provisions:
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`Non-Disclosure Covenant.
`Employee expressly covenants
`b.
`and agrees that, during the period of employment, and (i) regarding
`Confidential Information, for a period of thirty-six (36) consecutive
`months after employment terminates for any reason whatsoever, and
`(ii) regarding Trade Secrets, for so long as such information remains
`trade secrets, Employee will not except only as required for the benefit
`of TELECOM FIBER in carrying out Employee’s duties pursuant to
`this agreement, directly or indirectly, divulge, disclose, convey, or
`publish to any person or entity, or reproduce, use or apply for
`Employee’s own benefit, or the benefit of another or others, in any way,
`any Trade Secrets or Confidential Information of TELECOM FIBER.
`Employee also agrees that while employed, he will observe all security
`measures implemented by TELECOM FIBER to protect its Trade
`Secrets and Confidential Information.
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`15
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 16 of 57
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`Non-Recruiting Covenant. Employee expressly covenants
`c.
`and agrees that, during the period of employment with TELECOM
`FIBER, and for a period of twenty-four (24) consecutive months after
`employment terminates for any reason whatsoever, Employee will not,
`directly or indirectly, alone or in conjunction with or on behalf of
`another or others, initiate any action to hire or attempt to hire (“hire”
`shall include any principal/agent relationship, whether as an employee,
`independent contractor or otherwise and whether or not on a full or part-
`time basis), solicit or recruit or attempt to solicit or recruit, or otherwise
`interfere with or disrupt TELECOM FIBER’s relationship with any of
`the employees, contractors or other agents of TELECOM FIBER, or of
`those prospective employees, contractors or agents of TELECOM
`FIBER; provided, however, that this non-recruiting covenant shall only
`apply to employees, contractors or other agents of TELECOM FIBER,
`or prospects of same, with which Employee had contact with during
`Employee’s employment with TELECOM FIBER.
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`Non-Solicitation Covenant. Employee expressly covenants
`d.
`and agrees that, during the period of employment, and for a period of
`eighteen (18) consecutive months after employment terminates for any
`reason whatsoever, Employee will not, directly or indirectly, alone or
`in conjunction with or on behalf of another or others, initiate any action
`to divert, solicit, or contact any customer of TELECOM FIBER, or any
`representative of same, for the purpose, directly or indirectly, of selling
`or otherwise providing to such customers products or services which
`are the same as or substantially similar to the products or services
`provided to such customers by TELECOM FIBER in connection with
`TELECOM FIBER’s business; provided, however, that this non-
`solicitation covenants shall apply only to customers of TELECOM
`FIBER with whom Employee had contact during his employment with
`TELECOM FIBER.
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`Covenant Not to Compete.
`In further consideration for
`e.
`employment with TELECOM FIBER and for TELECOM FIBER’s
`investment in training and educating Employee, as it deems
`appropriate, in the field of fiber-optic cable installation, splicing,
`testing, repair and maintenance, among other things, Employee
`expressly covenants and agrees that, during the period of employment
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 17 of 57
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`and for a period of eighteen (18) consecutive months after such
`employment terminates for any reason whatsoever, Employee will not,
`directly or indirectly, compete with TELECOM FIBER by engaging in
`the installation, maintenance, splicing, testing and repair of fiber-optic
`cables and systems in: the metro Atlanta, Georgia area (defined as the
`Atlanta Regional Commission’s territory consisting of the City of
`Atlanta and the counties of Cherokee, Clayton, Cobb, Dekalb, Douglas,
`Fayette, Fulton, Gwinnett, Henry, and Rockdale), Clarke County and
`the City of Athens, and any other geographic location in which
`Employee was assigned to work by TELECOM FIBER during
`Employee’s employment with TELECOM FIBER.
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`56.
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`Telecom Fiber has legitimate business interests that are necessary to protect
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`through the Employee Covenants Agreements, including the protection of its
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`valuable Trade Secrets, confidential information, and substantial relationships with
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`customers and prospective customers and substantial relationships with investors
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`and potential investors.
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`57.
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`Defendants Mulroney, Evans, Crowe, and Charles were provided access to
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`Telecom Fiber’s corporate Dropbox account which contained Telecom Fiber’s
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`Trade Secrets.
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`58.
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`Telecom Fiber provides each of its splicers and account managers with their
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`own unique login credentials to access Telecom Fiber’s corporate Dropbox account.
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 18 of 57
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`Telecom Fiber is able to track each user’s activity on Telecom Fiber’s
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`59.
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`corporate Dropbox account.
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`60.
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`Defendants Mulroney, Evans, Crowe, and Charles regularly accessed
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`Telecom Fiber’s Trade Secrets stored on its Dropbox account using their unique
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`login credentials.
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`61.
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`In addition to his access to Telecom Fiber’s Dropbox account, Telecom Fiber
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`provided Defendant Mulroney with two (2) Apple MacMini computers and an
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`iPhone.
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`62.
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`The two (2) MacMini computers provided by Telecom Fiber to Defendant
`
`Mulroney were part of a larger network of Telecom Fiber computers accessed by a
`
`total of five (5) Telecom Fiber employees.
`
`63.
`
`
`
`Each of the computers in this network of Telecom Fiber computers, including
`
`the two (2) MacMini computers provided to Defendant Mulroney, stored Telecom
`
`
`
`18
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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 19 of 57
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`Fiber’s confidential information and Customer Confidential Information as defined
`
`in the Employee Covenants Agreements.
`
`64.
`
`
`
`Each of the computers in this network of Telecom Fiber computers, including
`
`the two (2) MacMini computers provided to Defendant Mulroney, stored all pricing
`
`information for Telecom Fiber, all information related to Telecom Fiber’s
`
`customers, contracts between Telecom Fiber and its customers, and quotes sent to
`
`Telecom Fiber’s customers (hereinafter collectively referred to as “Confidential
`
`Information”).
`
`65.
`
`
`
`Each of the computers in this network of Telecom Fiber computers, including
`
`the two (2) MacMini computers provided to Defendant Mulroney, was equipped
`
`with an automated data sync system in which all files related to Telecom Fiber’s
`
`customers were automatically updated and synced with the most recent information
`
`for Telecom Fiber’s Confidential Information.
`
`66.
`
`
`
`On Sunday, November 24, 2019 from approximately 12:42 P.M. to 8:29 P.M.,
`
`Defendant Mulroney logged into Telecom Fiber’s corporate Dropbox account and
`
`
`
`19
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`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 20 of 57
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`accessed over four thousand (4,000) files stored on Telecom Fiber’s Dropbox
`
`account.
`
`67.
`
`
`
`Through Telecom Fiber’s Dropbox account, Defendant Mulroney accessed
`
`Telecom Fiber’s Trade Secrets including Telecom Fiber’s documents related to Zayo
`
`which included specific records of the splicing diagrams for several hundred
`
`customers that utilize fiber optic cables from Zayo as well as every technical file that
`
`was generated by Telecom Fiber in connection with the services performed by
`
`Telecom Fiber for Zayo.
`
`68.
`
`
`
`The activity logs obtained by Telecom Fiber from Dropbox for the Telecom
`
`Fiber Dropbox account show that Defendant Mulroney deleted or “cut” over four
`
`thousand (4,000) files related to Zayo from the Telecom Fiber Dropbox account.
`
`69.
`
`
`
`Defendant Mulroney later added or “pasted” these voluminous files back to
`
`the Telecom Fiber Dropbox account.
`
`70.
`
`
`
`Upon information and belief, Defendant Mulroney “cut” over four thousand
`
`(4,000) files related to Zayo from the Telecom Fiber Dropbox account, “pasted” the
`
`
`
`20
`
`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 21 of 57
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`files to an unknown location, and then “pasted” the files back to the Telecom Fiber
`
`Dropbox account.
`
`71.
`
`
`
`On the morning of Monday, November 25, 2019, one day after accessing
`
`Telecom Fiber’s Trade Secrets which included the Zayo files on Telecom Fiber’s
`
`Dropbox account, Defendant Mulroney abruptly resigned from his employment with
`
`Telecom Fiber.
`
`72.
`
`
`
`Defendant Mulroney had no legitimate business purpose for accessing any of
`
`the Trade Secrets stored on Telecom Fiber’s Dropbox account on the evening of
`
`Sunday, November 24, 2019, particularly in light of the substantial number of files
`
`accessed in such a short window of time and the day before he resigned his
`
`employment.
`
`73.
`
`
`
`Shortly after resigning from Telecom Fiber, Defendant Mulroney began
`
`working with Vertical Communications, LLC (“Verticom”) as Verticom’s Regional
`
`Manager for the Atlanta market.
`
`
`
`21
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`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 22 of 57
`
`74.
`
`
`
`Shortly after Defendant Mulroney began his employment with Verticom,
`
`Defendant Evans and Defendant Charles, who had both resigned from Telecom
`
`Fiber in July 2019, began employment with Verticom.
`
`75.
`
`
`
`On March 6, 2020, Defendant Crowe resigned from his employment with
`
`Telecom Fiber and shortly thereafter began employment with Verticom.
`
`76.
`
`
`
`Defendants Evans, Crowe, and Charles are currently working with Verticom
`
`as splicers who perform work on the Zayo network.
`
`77.
`
`
`
`Upon information and belief, Defendant Mulroney recruited Defendants
`
`Evans, Crowe, and Charles to begin working for Verticom.
`
`78.
`
`
`
`Upon information and belief, Defendant Mulroney also recruited two other
`
`splicers who performed work on the Zayo network and who were formerly employed
`
`by Telecom Fiber to begin working for Verticom.
`
`
`
`22
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`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 23 of 57
`
`79.
`
`
`
`Defendant Mulroney had knowledge of the non-compete provisions contained
`
`in the Evans Agreement, Crowe Agreement, and Charles Agreement.
`
`80.
`
`
`
`Verticom is a direct marketplace competitor of Telecom Fiber.
`
`81.
`
`
`
`After Defendants Mulroney, Evans, Crowe, and Charles began working with
`
`Verticom, Zayo, Telecom Fiber’s primary customer, began decreasing its volume of
`
`business with Telecom Fiber.
`
`82.
`
`
`
`Upon information and belief, after Defendants Mulroney, Evans, Crowe, and
`
`Charles began working with Verticom, Zayo began working with Verticom and
`
`transferring its business from Telecom Fiber to Verticom.
`
`83.
`
`
`
`Upon information and belief, the services Defendants Mulroney, Evans,
`
`Crowe, and Charles provide for Verticom are the same as or similar to the services
`
`Defendants provided to Telecom Fiber.
`
`
`
`23
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`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 24 of 57
`
`84.
`
`
`
`Upon information and belief, while employed by Verticom, Defendant
`
`Mulroney has performed account management services for Verticom’s Zayo
`
`account, including the management and supervision of Verticom’s employees who
`
`perform network emergency repair and maintenance for Zayo, including Defendant
`
`Evans, Crowe, and Charles.
`
`85.
`
`
`
`Upon information and belief, while employed by Verticom, Defendants
`
`Evans, Crowe, and Charles have performed splicing services for the Zayo network.
`
`86.
`
`
`
`Upon information and belief, Defendants Mulroney, Evans, Crowe, and
`
`Charles are using Telecom Fiber’s Trade Secrets and Confidential Information
`
`Defendants gained while employed with Telecom Fiber and stored on Telecom
`
`Fiber’s Dropbox account to facilitate the services Verticom is providing for Zayo.
`
`87.
`
`
`
`As employees of Telecom Fiber, Defendants Mulroney, Evans, Crowe, and
`
`Charles were provided with access to Telecom Fiber’s Trade Secrets and
`
`Confidential Information which are relied upon by Telecom Fiber in conducting its
`
`
`
`24
`
`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 25 of 57
`
`business, which Telecom Fiber has developed at great expense, and which provides
`
`Telecom Fiber with an advantage over its competitors.
`
`88.
`
`
`
`The following categories of information constitute the Trade Secrets of
`
`Telecom Fiber developed and owns: Telecom Fiber’s operational structure;
`
`customer, supplier, and vendor contracts; pricing structure and pricing matrix;
`
`material costs pricing matrix; Fiber Technician training program; methods of
`
`reporting on-the-job test results; detailed records of its customers’ networks
`
`including building locations, network layouts, fiber routes, fiber splicing diagrams,
`
`as-built records, and distance records; fully-stocked service truck inventory and
`
`design; quality control procedures for Telecom Fiber’s services; customer
`
`information and customer service model.
`
`89.
`
`
`
`Telecom Fiber’s Confidential Information includes all pricing information for
`
`Telecom Fiber, all information related to Telecom Fiber’s customers, contracts
`
`between Telecom Fiber and its customers, and quotes sent to Telecom Fiber’s
`
`customers as well as any of the information described above that is not ultimately
`
`found to constitute a trade secret.
`
`
`
`25
`
`

`

`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 26 of 57
`
`90.
`
`
`
`Because this information is an essential part of Telecom Fiber’s business,
`
`Telecom Fiber undertakes substantial efforts to ensure that documents and
`
`electronically stored information containing Telecom Fiber’s Trade Secrets and
`
`Confidential Information cannot be easily accessed by the public or by Telecom
`
`Fiber’s competitors.
`
`91.
`
`
`
`Among other protective measures, Telecom Fiber requires its employees to
`
`enter into agreements requiring them to keep the information shared with them
`
`confidential, like the Employee Covenants Agreements, and utilized multi-tiered
`
`physical and electronic barriers to sensitive information, including but not limited to
`
`password-protected databases and limitations on dissemination of information on a
`
`need-to-know basis.
`
`COUNT I – VIOLATION OF GEORGIA’S
`COMPUTER SYSTEMS PROTECTION ACT
`(against Defendant George Bruce Mulroney)
`
`92.
`
`
`
`Telecom Fiber reasserts and realleges each and every allegation contained in
`
`the paragraphs 1 through 91 of this Complaint with the same force and effect as if
`
`fully set forth herein.
`
`
`
`26
`
`

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`Case 1:20-cv-03907-WMR Document 1 Filed 09/21/20 Page 27 of 57
`
`93.
`
`
`
`Telecom Fiber’s computers and computer systems, including Telecom Fiber’s
`
`DropBox account, constitute a “computer” as that term is defined by O.C.G.A. § 16-
`
`9-92.
`
`94.
`
`
`
`Telecom Fiber’s computers, computer terminals, servers, and related devices
`
`and software constitute a "computer network" as that term is defined by O.C.G.A.
`
`§ 16-9-92.
`
`95.
`
`
`
`The deletion and/or copying of information from Telecom Fiber’s Dropbox
`
`account by Defendant Mulroney was "wit