One Technologies, L.P. v. Profinity, LLC and Chad D. Ertel

Complete defense verdict in trade secrets and fiduciary duties case

The Case

Bullies who attempt to use their “war chest” to stifle competition will fail. — Pete Marketos, Closing Argument

Profinity, a startup Internet marketing company, hired a former employee of One Technologies—the largest privately held provider of credit-monitoring products—to help Profinity’s marketing efforts. Before he left, the employee told One Tech where he was going to work, and he negotiated an “Addendum” to his existing non-compete agreement. But just a few months after he went to work for Profinity, One Technologies sued the employee and Profinity anyway–seeking more than $13 million for trade secret violations and tortious interference.

14th Judicial District Court in Dallas, Texas

Profinity Hires Reese Marketos LLP As Case Heads to Trial

Profinity turned to Reese Marketos LLP to take over the case and try it to a jury. We filed a counterclaim against One Technologies for anticompetitive conduct and took One Technologies to task in a two-week trial.

The Verdict


After a two-week trial, a unanimous jury found in favor of Reese Marketos’s client, Profinity, on each and every claim.


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