One petrochemical company has sued another claiming predatory tactics, unfair competition and tortious interference.
AmSpec LLC filed its complaint against Camin Cargo Control Inc. in federal court. Other named defendants are Craig Rodrigue, Nicholas McClendon, Christian McClendon, Preston Carter, Dylan Frese, Ryan Roussel and Noah Lindstrom.
According to the complaint, AmSpec and Camin are direct competitors in the petroleum and petrochemical testing and inspection business. AmSpec has more than 10 facilities in Louisiana, and alleges Camin is attempting to tortiously harm and damage AmSpec’s business in Louisiana.
“Rather than recruit and hire its own employees, Camin has raided and intentionally targeted AmSpec’s key managers and personnel in Louisiana,” the complaint states. “Camin is currently focusing its efforts primarily on AmSpec’s operations in St. James, where Camin currently has no office or business presence.”
AmSpec provides testing, inspection and certification services for petroleum, petrochemical and agricultural products around the world. Inspections involve sampling products and analytical testing for verification of quality standards. It says it provides cost-effective inspection services to the petroleum/petrochemical industry sector, has a network of state-of-the-art laboratories to complement its inspection activities and provides reliable and accurate testing of petroleum/petrochemical products for its clients.
The company says Camin has targeted and hired seven key managers and employees, who are the other named defendants.
“AmSpec has since learned that all of these individuals have joined Camin and are assisting Camin in furthering its efforts to target AmSpec’s employees and key customers in an effort to cause harm and damage AmSpec’s business operations in Louisiana,” the complaint states. “The individually-named defendants each have written agreements they executed in connection with their employment with AmSpec, which contain certain restrictive covenants, including non-competition,1 non-solicitation, and non-disclosure provisions.”
The complaint claims Rodrigue has targeted at least two other key AmSpec managers and employees, and it says he plugged several external devices into his company laptop in the months before his resignation to access certain folders and files.
“Camin has admitted that the targeting of AmSpec employees is being done with malice and for the purpose of causing harm to AmSpec’s business,” the complaint states, adding that AmSpec sent a cease and desist letter in January to Camin and Rodrigue regarding Rodrigue’s collusion with Camin. In response to the letter, Camin said New Orleans branch manager Aaron Bush sent targeted text messages to AmSpec employees “in retaliation for AmSpec’s solicitation of Camin employees in New Orleans and to put AmSpec on notice that Camin was aware of AmSpec’s solicitation in this regard.”
AmSpec says the alleged poaching has damaged its operations in St. James, where Camin hired the entire AmSpec management team there within a three-week period.
The plaintiff also says both McClendon defendants accessed and/or downloaded confidential and proprietary information after they had been announced as Camin employees but still employed by AmSpec.
AmSpec says the defendants knew AmSpec employees targeted and subsequently hired by Camin have restrictive covenant agreements that prohibited their solicitation of other AmSpec employees, their disclosure and use of AmSpec confidential information and, in the case of Lindstrom, Carter and Frese, their employment with Camin in St. James.
The company also says Camin is targeting its key customers by “utilizing improper means.”
“AmSpec is aware of numerous customers that have been targeted and solicited by Camin to move their business to Camin since the targeted raid on and coordinated resignations of AmSpec’s key managers and employees,” the complaint states. “Camin is exploiting the gaps created by the employees’ sudden departures to solicit these customers.
“Camin is utilizing the improperly solicited former AmSpec employees and AmSpec’s confidential and proprietary information to persuade the customers to move their business from AmSpec to Camin for the sole purpose of damaging AmSpec’s business.”
AmSpec calls this “a clear, textbook case of tortious interference and unfair competition by Camin.”
“Camin is using predatory tactics intentionally aimed at harming and injuring AmSpec by snatching AmSpec’s key management and personnel and wiping out its St. James operations,” the comlaint alleges. “Camin has clearly and deliberately targeted and solicited AmSpec’s entire St. James management team in an attempt to clear out AmSpec’s St. James operations and usurp AmSpec’s customers.”
AmSpec accuses the defendants of breach of contract, violating the federal Defend Trade Secrets Act and the Louisiana Uniform Trade Secrets Act, breach of fiduciary duty and duty of loyalty, tortious interference, unfair trade practices and civil conspiracy. It seeks preliminary and permanent injunctions and compensatory damages for lost profits, unjust enrichment, attorney fees, court costs, pre- and post-judgment interests and other relief.
The plaintiff is being represented by Jessica C. Huffman, Thomas H. Higgans and Camille F. Schwaner of Phelps Dunbar LLP in Baton Rouge.
U.S. District Court for the Middle District of Louisiana case number 3:24-cv-304