Following a jury trial, Floyd Trotman III in Case No. A11A0402 and CertiFi Project Management Certification Training, LLC “CertiFi” in Case No. A11A0403 appeal from a judgment and other orders entered against them in a dispute arising from Trotman’s continued use of training materials he obtained as a former instructor for Velociteach Project Management, LLC “Velociteach”. We have consolidated the cases for review, and for the reasons that follow, we affirm in part, vacate the award of attorney fees, and remand.1 Viewed in favor of the jury’s verdict,2 the record shows that from 2003 to 2006, Trotman worked as an instructor for Velociteach, a company founded by Andy Crowe, which offered project management training courses to students seeking a Project Management Professional “PMP” credential. When Trotman’s relationship with the company faltered due to a lapse in his own credentials and his unauthorized use of a company credit card, his employment was terminated, and he left the company pursuant to a confidentiality agreement in February 2006. The confidentiality agreement required Trotman to return or delete all course materials and electronic presentation slides, and it prohibited him from soliciting Velocitech customers for a period of three years. In an exit meeting, Trotman assured Velociteach staff that he had returned or deleted any Velociteach teaching materials.3 Soon thereafter, Trotman asked Velociteach if he could buy instruction kits to teach PMP classes on his own, and Velociteach declined.
In early 2006, Trotman formed his own company, CertiFi, and began teaching training courses on his own. In early 2007, after seeing Trotman in an airport, Crowe decided to search for information about Trotman on the Internet. Crowe discovered a CertiFi website listing Velociteach customers and containing marketing copy that Crowe had written for Velociteach. Crowe then enrolled a student in one of Trotman’s classes to observe the course content and materials. Based on the similarities between Trotman’s course materials and those he had used previously at Velociteach, Velociteach demanded that CertiFi cease operating in violation of Trotman’s confidentiality agreement. Trotman refused, and Velociteach sued him and CertiFi, alleging claims for breach of contract, Uniform Deceptive Trade Practices Act4 “UDTPA” violations, fraud, tortious interference with a business relationship, conversion, and misappropriation of trade secrets.
