Superior Court jury rules against ENH power
January 20. 2016 7:56PM
BRENTWOOD — A Rockingham County jury has ordered the parent company of New Hampshire’s largest competitive supplier of electricity, ENH Power, to pay more than $500,000 in damages to a smaller competitor for stealing confidential customer lists, sales leads and other proprietary information.
The unanimous verdict handed down on Tuesday names Emile Clavet, Kevin Dean and their three energy supply and brokerage firms — Provider Power, ENH Power and Electricity Maine.
After a two-week trial in Rockingham County Superior Court, the jury found in favor of the plaintiffs — Freedom Logistics, PNE Energy Supply, Resident Power, and Halifax-American Energy Company, based in Auburn and known collectively as the Freedom Companies.
The Freedom Companies, run by Gus Fromuth and his son Bart Fromuth, were one of the earliest to jump into the competitive market for residential electricity in 2011, and agreed to provide consulting services to Clavet and Dean when they expanded Provider Power from Maine into New Hampshire in 2012.
The jury agreed with the plaintiffs that Clavet and Dean induced a Freedom Companies employee to steal proprietary information, and to then use that information in a “deliberate attempt to harm the Freedom Companies’ business and misappropriate their customers.”
Manchester attorney Andru Volinsky, who represents Provider Power and its affiliates, told the Lewiston Sun Journal he plans to appeal the case to the New Hampshire Supreme Court.
“It will be years before the case is finally resolved,” he said.