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NH Supreme Court upholds finding against power providers

Staff Report
February 10. 2018 9:51PM

CONCORD - The state Supreme Court upheld a jury's decision that a power provider hired an employee away from a rival in order to poach customers.

Four companies with a common owner, including Freedom Energy Logistics of Auburn, will receive more than $800,000 in damages and attorney fees, according to August G. Fromuth, founder and managing director of Freedom Energy Logistics.

"The good guys won," Fromuth said Friday.

The high court backed the lower court's ruling against the defendants, three companies and their owners. They are Provider Power LLC, Electricity NH LLC (which does business as ENH Power), Electricy Maine LLC, Emile Clavet and Kevin Dean.

A Superior Court jury had found that Provider Power and its owners were guilty of stealing confidential customer lists, sales leads and other proprietary information and then transferring them from its rival.

The jury awarded the so-called Freedom Companies $556,208, including $93,000 in attorney fees.

Fromuth said his company will be able to recover $300,000 to $400,000 in additional attorney's fees as a result of Friday's ruling.

Provider Power, he said, posted a bond as part of its appeal in case it lost.

The rival companies both arrange for the supply of electricity and natural gas to New England commercial and residential customers.

An attorney for Provider Power said he hadn't yet reviewed the ruling.

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