Preview
Filing # 163074135 E-Filed 12/14/2022 05:48:13 PM
IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
)
P.C. CONNECTION, INC., ) CIRCUIT CIVIL
Plaintiff, )
)
v. ) Case No.
DANIEL ROSSNER, )
Defendant. )
)
COMPLAINT
Plaintiff P.C. Connection, Inc. d/b/a Connection (“Connection” or the “Company”) brings
this Complaint against Defendant Daniel Rossner (“Rossner”).
INTRODUCTION
1. Rossner is a disgruntled former employee of Connection, a nationwide reseller of
IT products and services. This action arises from a lengthy pattern of bad faith, retaliatory
conduct by which Rossner has used targeted postings on Facebook and LinkedIn to harass,
threaten, and disparage the Company’s management, to broadcast highly confidential sales
information (in violation of his ongoing non-disclosure obligations to Connection), and to
interfere with Connection’s relationships with key customers.
2. In August 2019, Connection terminated Rossner’s employment as a sales
representative after Rossner violated Company policies and used his Facebook account to harass
and intimidate other employees. Rossner now works for En Pointe IT Solutions, one of
Connection’s direct competitors. In February 2021, after the one-year non-solicitation period
under his employment agreement with Connection ended, Rossner began retaliating against his
former managers at Connection (whom Rossner apparently held responsible for his termination)
by targeting them in profane and threatening messages on Facebook. Rossner persisted with this
conduct even after he received cease and desist letters from Connection’s counsel and was
warned by local law enforcement.
3. In April 2021, Rossner reportedly was arrested on assault charges unrelated to
Connection, and his social media posts targeting Connection stopped, for a time. However, the
criminal charges reportedly were dropped, and starting August 2022, Rossner resumed his prior
conduct. During the past three months, Rossner has published a barrage of profane, threatening,
and harassing social media posts on Facebook and LinkedIn, and has sent similar
communications directly through text messaging and email. He has persisted even after having
been repeatedly warned by Connection. By his own admission, Rossner is pursuing this bad
faith conduct in continued retaliation for his termination; in retribution for the Company’s refusal
to release Rossner’s wife (also a Connection sales employee) from her non-competition and non-
solicitation covenants with the Company; and in an attempt to harm Connection’s relationships
with key customers in order to gain an unfair competitive advantage for himself and En Pointe.
Rossner has made his social media posts viewable to the general public and has directed some of
his more damaging messages—including messages disclosing confidential Company
information—directly to his former Connection managers and their accounts.
4. Rossner’s statements have created substantial fear among Connection’s
employees, who are well aware of Rossner’s history of unstable, erratic, and violent behavior.
Rossner’s conduct also has harmed Company moral, interfered with Connection’s business and
customer relationships, and damaged Connection’s reputation in the industry.
PARTIES
5. Plaintiff P.C. Connection, Inc. d/b/a Connection is a Delaware corporation with a
principal place of business at 730 Milford Road, Merrimack, New Hampshire 03054.
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Connection, a publically traded company, is a value added reseller of specialized IT products and
services.
6. Defendant Daniel Rossner is a natural person who, upon information and belief,
resides at 728 Campbell Road, Fort Pierce, Florida 34945.
JURISDICTION AND VENUE
7. This action seeks damages in excess of $30,000, exclusive of attorneys’ fees and
costs.
8. This Court has personal jurisdiction over Rossner because, upon information and
belief, he resides in Florida.
9. Venue is proper pursuant to Fla. Stat. § 47.011, because, upon information and
belief, Rossner resides in St. Lucie County, Florida.
FACTUAL BACKGROUND
Rossner’s Employment with Connection
10. In December 1999, Rossner was hired as a Sales Representative by Corporate
Buying Service, Inc., which later was acquired by MoreDirect, Inc. In 2002, Connection
acquired MoreDirect, which now does business as Connection Enterprise Solutions (hereinafter
the “Enterprise Division”), one of Connection’s three business divisions.
11. On April 3, 2003, Rossner entered into an Employee Covenants agreement (the
“Covenants Agreement”) with MoreDirect (which by then had been acquired by Connection).
See Exhibit A (Covenants Agreement). The Covenants Agreement contains a non-disclosure
covenant barring the disclosure—at any time during and after Rossner’s employment—of
Connection’s “trade secrets and/or confidential information,” defined to include, without
limitation, “identities of customers, customer lists and other information about customers.” The
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Covenant Agreement also contains a non-solicitation covenant that prohibited Rossner, for a
period of 12 months after the termination of his employment, from soliciting customers whom he
served during his employment.
12. On August 30, 2019, Connection terminated Rossner’s employment after he
violated Company policies, and engaged pattern of erratic and hostile behavior directed against
other employees.1 For example, on August 28, 2019, after he was disciplined for inappropriate
social media postings, Rossner retaliated by posting profane and derogatory Facebook messages
that targeted his managers and sought to exacerbate the harm to Connection caused by an alleged
security breach. The messages targeted Len Duckman, the Enterprise Division’s Vice President
of Business Development who was one of Rossner’s managers, and the Enterprise Division’s
Director Human Resources, and read, in part: “Bitches crying about my fb live posts . . . but can’t
keep their data safe. fuckers.” See Exhibit B (8/28/19 Facebook posting). Rossner made this
posting publically available to anyone on the Internet, whether or not they had a Facebook
account, as demonstrated by the appearance of a globe symbol in the heading of the posting. See
id.2
Rossner’s Continued Use of Social Media to Threaten and Harass Connection
13. After his termination from Connection, Rossner was hired as a sales
representative by En Pointe IT Solutions, a reseller of IT hardware and software which is one of
Connection’s direct competitors. Rossner continues to work for En Pointe to this day.
1
Rossner’s wife, Connie Rossner, was also employed by Connection. She worked for the Company for
16 years, until her resignation on October 15, 2022.
2
See Facebook Symbol Meanings, Explained (And How to Use Them Properly),
https://www.makeuseof.com/tag/guide-facebook-
symbols/#:~:text=What%20do%20these%20symbols%20mean,friends%20can%20see%20your%20posts
(updated June 6, 2022).
4
14. As noted, under the Covenants Agreement, Rossner was prohibited, for a period
of 12 months after his termination, from competing with the Company by soliciting customers
that he worked with during his employment with Connection.
15. Shortly after the non-solicitation period ended, Rossner began using posts on
LinkedIn and Facebook to both retaliate against Connection management, and to interfere with
the Company’s relationships with its clients.
16. For example, on February 18, 2021, Rossner posted a profane and defamatory
message on his Facebook account that again targeted Len Duckman, whom Rossner blamed for
reporting misconduct that led to Rossner’s termination from Connection. In his Facebook
posting, Rossner called Mr. Duckman a “pussy” and “snake,” told him to “rot in hell you twat,”
and alleged that he, Rossner, was “empowered to do unnatural acts.” The full message read as
follows:
I deleted this Pu$$y off my account. “Len is not a friend” fuggin snake!!!! rot in
hell you twat
***
All of my posts for a while have been “friends” only but one of you moles is a
water cooler gossip queen. I know for a fact because the $hits been shared with
me. if im you id be worried. Im pissed and hungry im gonna eat your fugging
lunch . . . watch out IT resellers I got a wide open addressable market and your
cost structure sucks. Im empowered to do unnatural acts. Keep paying over head
on nasty empty suits. Game on fuggers.
See Exhibit C (2/18/21 Facebook posting).
17. Within the above post, Rossner not only identified Mr. Duckman by name but
also included a screenshot of Mr. Duckman’s own Facebook account information. See id.
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Rossner made this post viewable to all of his “friends” on Facebook, as indicated by the two
person icon in the post heading under Rossner’s username.3
18. Three days later on February 22, 2021, Rossner published a message on his
LinkedIn account that targeted John Thomas, then the Enterprise Division’s President (referred
to in the message as “JT”), and Timothy McGrath, Connection’s CEO (referred to in the message
as “Tim”). Rossner apparently also blamed Mr. Thomas and Mr. McGrath for his termination,
and in the message he alleged “you will feel pain.” The message read:
Dear JT . . . you can call me directly. you don’t have to sneak around and ask
about me . . . same goes for your puppeteer Tim . . . #facts #idgaf
let me add some color. I sat my non compete out like a good lil boy . . . I didn’t
love paying for my kids school out of savings.. it hurt. you got me.. we are past
that but you send bullshit threats from a first year attorney thinking its going to
make me cave. you will feel pain.
See Exhibit D (2/22/21 LinkedIn posting).
19. Rossner made this message viewable to the general public (as demonstrated by
the globe symbol in the message heading4), and it was viewed 123 times within the first 40
minutes of its publication.
20. Connection employees targeted in these posts felt threatened by Rossner, as they
were aware of Rossner’s prior hostile and erratic behavior and understood the vindictive and
retaliatory motive behind his recent messages. As a result, on February 26, 2021, Connection’s
counsel sent a cease and desist letter to Rossner, copying En Pointe Solutions. The letter
3
See Facebook Symbol Meanings, Explained (And How to Use Them Properly),
https://www.makeuseof.com/tag/guide-facebook-
symbols/#:~:text=What%20do%20these%20symbols%20mean,friends%20can%20see%20your%20posts
(updated June 6, 2022).
4
See How to post on LinkedIn to share job news, articles, and more with your network, and edit or delete
your posts, https://www.businessinsider.com/guides/tech/how-to-post-on-linkedin (Sept. 5, 2019).
6
directed Rossner to have no further direct or indirect contact with Connection or its employees.
See Exhibit E (2/26/21 letter).
21. Rossner ignored this warning. On March 4, 2021, he re-published on Facebook
his February 22, 2021 LinkedIn message targeting “JT” (John Thomas), and then posted an
additional more menacing message that threatened Mr. Thomas, as follows:
I’m on a single mission
***
This dude complained about his crazy wife and told me stories about sleeping with
the marketing person. . Yada yada.. I got stories and they are real and undisputed.
Come at me buddy imma put you one foot under cuz I don’t dig 6 feet
See Exhibit F (3/4/21 Facebook post).
22. This post was viewable to all Rossner’s friends on Facebook, as indicated by the
two person icon next to his post.
23. Rossner’s reference to “JT” was immediately identifiable to many third parties as
John Thomas, who contacted Mr. Thomas to express concern for his well-being.
24. On or about March 8, 2021, Rossner again targeted Mr. Thomas in a text sent to a
former Connection employee, Kenneth Stanis, which alleged: “My wife’s in tears. JT is fucking
with her.” See Exhibit G (3/8/21 text message). That same day, Rossner sent multiple email
messages to Mr. Thomas asking him to join Rossner’s LinkedIn network.
25. On March 9, 2022, Connection’s counsel reported Rossner’s conduct to the St.
Lucie County Sheriff’s Department. Later that day, a deputy sheriff spoke with Rossner and
warned him to cease using social media to threaten and harass Connection and its employees.
26. After the Sheriff’s Department spoke with Rossner, a Texas lawyer, Matt
Mussalli, contacted Connection’s counsel on Rossner’s behalf. Attorney Mussalli advised that
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he would encourage Rossner not to continue to target Connection or its employees on social
media.
27. Once again, however, Rossner did not relent. On April 7, 2021, Rossner sent text
messages to Corey Reading, an Enterprise Division Sales Director who was another of Rossner’s
former managers. See Exhibit H (4/7/21 text message). The text messages referenced a rap
song in which the artist, Machine Gun Kelly, disparaged another rap artist with violent and
vulgar lyrics which included the following: Comin’ bare-faced with a black shovel, like the
Armageddon when the smoke settle, his body next to this instrumental”; “Or we could get gully,
I’ll size up your body and put some white chalk around it”; and “But I’m the Gunner, bitch, I got
you in the scope, don’t have a heart attack now somebody help your mans up.”5 Mr. Reading
informed Connection’s management that he felt threatened by Rossner’s text.
28. On April 9, 2021, Connection’s counsel reported the above conduct to Rossner’s
lawyer, Matt Mussalli. In response, Attorney Mussalli acknowledged that Rossner had sent the
text to Mr. Reading because he, Rossner, felt “disrespected” by Connection. Attorney Mussalli
also acknowledged that he had advised Rossner to “avoid” rather than “invite” conflict with the
Company, and that he hoped and expected that further communication between Rossner and
Connection would cease completely.
29. Before anything further occurred at that time, Connection learned that on April
21, 2021, Rossner was arrested on unrelated felony charges for aggravated assault with a deadly
weapon without intent to kill, drug possession, and tampering with evidence.6 The charges did
not concern Connection.
5
See https://genius.com/Machine-gun-kelly-rap-devil-lyrics.
6
See Deputies: gunfire, marijuana grow room west of Florida’s Turnpike lead to arrest,
https://www.tcpalm.com/story/news/crime/st-lucie-county/2021/04/23/daniel-paul-rossner-53-arrested-felony-
charges/7349078002/ (April 23, 2021).
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30. Based on Rossner’s arrest and the representations by his attorney, Connection
reasonably assumed that it would not have to contend with any further problems associated with
Rossner’s texts and social media postings.
31. In fact, Connection did not hear anything further from Rossner for over a year.
However, on August 17, 2022, Rossner began emailing Connection’s management to demand
that the Company release his wife Connie, who still worked for Connection, from the non-
compete covenant in her employment agreement. When Connection declined, Rossner returned
to social media to retaliate.
32. On or about August 29, 2022, Rossner posted a public message on LinkedIn in
which he once again targeted Len Duckman. In the LinkedIn message, Rossner included a copy
of an August 29, 2019 email by which Mr. Duckman had reported to management one of
Rossner’s Facebook posts that contributed to Rossner’s termination. In the August 29, 2022
LinkedIn message, directly above the copy of Mr. Duckman’s earlier email, Rossner wrote:
“Look at this pumpkin … sending shit to H.R. do you trust this guy? Lol.” See Exhibit I
(8/29/22 LinkedIn post).
33. Three days later on September 2, 2022, Rossner once again took aim at Mr.
Duckman and two of his other former managers at Connection, Carmen Vecchio and Corey
Reading. In a public LinkedIn post, Rossner referred to these individuals by their initials, and
alleged:
you know what's crazy... my last job only pigs who could not sell themselves out of a
paper bag had company credit cards. "CC, CV, CR" you know who you are. “LD, master
of making a job out of nothing”
my last free tip.…... hogs get slaughtered.. I love bacon. pigs get feed. be a pig, don't be a
hog. but u know your hog all day you just wont look in the mirror. right Cv?
See Exhibit J (9/2/22 LinkedIn post).
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34. These employees reported to Connection’s management their fear of Rossner and
demanded that the Company take steps to protect the safety of themselves and their families. As
a result, on September 2, 2022, Connection’s counsel sent a letter to the President of En Pointe
Solutions, which still employs Rossner, and requested that the company exercise its supervisory
authority over Rossner to bring a stop to his unlawful and harassing behavior. See Exhibit K
(9/2/22 letter). In addition, Connection again contacted Rossner’s attorney, and on September 6,
2022 sent a letter warning that if Rossner’s conduct did not cease, the Company would be forced
to institute legal proceedings. See Exhibit L (9/6/22 letter).
35. Yet again, Rossner continued to use his social media accounts to threaten, harass,
intimidate, and defame Connection and its employees. And, in an effort to further harm
Connection, Rossner began targeting Connection’s customers and leaking confidential
information regarding their recent transactions with the Company.
36. On October 11, 2022, Rossner sent a text message directly to Connection’s CEO,
Timothy McGrath, and alleged: “And let my wife out of her non compete. And all others too.
I’m on a mission Tim and I’m a way better sales person than you. Way fucking better.” See
Exhibit M (10/11/22 text).
37. Also on October 11, 2022, Rossner posted a LinkedIn message directed to Mickey
Bland, who on October 9, 2022 replaced John Thomas as President of the Enterprise Division.
In the message, Rossner referred to Mr. McGrath as “crooked finger tim” and a “liar,” alleged
that Mr. Bland should “fire” Carmen Vecchio and Len Duckman, and further alleged that “JT
[John Thomas] paid a douche bag who punched his wife out at a pclub event 400k to do
nothing.” See Exhibit N. The full message read:
I’m going to crush you . . . it’s not personal. It’s passion. . . . Fuck crooked finger
tim[.] Liar
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***
You fire Carmen yet? I gave my wife 50k to leave connection . . . She quit.
You win in the short term[.] If I was you. I’d take her up on her very humble
offer
***
Fire Carmen, Christian and Len[.] You will thank me
***
Jt paid a douche bag who punched his wife out at a pclub event 400k to do
nothing. The account is still with insight[.]
38. Next, on or about October 30, 2022, Rossner published to the general public a
message on LinkedIn that was directed again to Mickey Bland, and that referred to Connection
as “shady and dishonest.” The message read:
nothing personal . . . imma crush your bottom line. dear mick… let’s see
who wins.. I’m betting on me ..I always do. I built the company you now
run. your welcome. why ? because the firm you run is shady and dishonest.
See Exhibit O (10/30/22 LinkedIn message).
39. A few hours later on October 30, Rossner published to the general public yet
another message on LinkedIn, in which he “tagged” Clark Green, an Enterprise Division
Account Executive, and Lowe’s, one of the Enterprise Division’s most significant long-time
accounts. Because Mr. Green and Lowe’s were “tagged,” the post not only included a hyperlink
to the LinkedIn profiles of Green and Lowe’s, but each also received an email from LinkedIn to
alert them that they had been mentioned in a post.7 In the LinkedIn message, Rossner alleged:
not your fault but imma crush you and all you greedy pigs for what you are.
pound of flesh… lol mega millions
Lowe’s Companies, Inc. we must chat.. T. Clark Green how do you sleep at
night
7
See https://www.linkedin.com/pulse/why-how-tagon-linkedin-carol-
kaemmerer#:~:text=When%20you%20tag%20a%20person,they%20choose%20to%20do%20so (Jan 2,
2018) (“One of the niceties of communications on LinkedIn is the ability to mention a person or company
in such a way that they will surely be aware of it.”).
11
See Exhibit P (second 10/30/22 LinkedIn message).
40. Less than an hour after posting the above message on October 30, Rossner
published to the general public a third LinkedIn message in which he referred to Glenn
McDonald, the Enterprise Division’s National Account Manager, and “tagged” AARP, a
significant client of the Enterprise Division which is handled by Mr. McDonald. In the message,
Rossner accused Mr. McDonald of “lying” to AARP, as follows:
AARP stop eating free donuts [] from Glenn McDonut..I gave you 80k during
911.. Glenn spent 20 years lying to you I have proof.
See Exhibit Q (third 10/30/22 LinkedIn message).
41. Rossner later edited the above post to replace AARP with the American Red
Cross, another major client of the Enterprise Division, and again “tagged” Red Cross to ensure it
would be notified of the post, which read as follows:
American Red Cross stop eating free donuts [] from Glenn McDonut..I gave you
80k during 911.. Glenn spent 20 years lying to you I have proof.
See Exhibit R (revised 10/30/22 LinkedIn message).
42. Finally, on December 2, 2022, Rossner posted another public message on
LinkedIn in which he released highly confidential information concerning a significant recent
sale between Connection and Lowe’s. Rossner tagged Lowe’s to ensure the company received
notice of the December 12 message, which read as follows:
Lowe’s Companies, Inc. . . . a little birdy told me you just cut your reseller
a 39 million dollar purchase order . . . shipping this month. I am a reseller
can sell you the same stuff… do you want to save 2.3 million dollars ? I’d
have your team contact me asap ..
I will call Marvin tomorrow on his cell if I need to ..
dm me
See Exhibit S (12/2/22 LinkedIn message).
12
43. Connection’s contractual relationships with Lowe’s, AARP, and the American
Red Cross constitute confidential information under Rossner’s Covenant Agreement with
Connection, and Rossner’s publication of this information constituted a breach of that
Agreement.
CAUSES OF ACTION
Count I
Defamation, Defamation Per Se and Trade Libel
44. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
45. The above identified statements published by Rossner are false, disparaging, and
defamatory.
46. After his termination, Rossner communicated, published, and disseminated or
caused to be communicated, published, and disseminated, false, misleading, malicious and
outrageous statements on both the Facebook and LinkedIn online platforms about Connection
and its employees, which Rossner knew or should have known were false, misleading, malicious
and outrageous.
47. Rossner’s statements are disparaging by virtue of the manner to which they
ascribe certain conduct, character, or conditions that would adversely affect the readers’ view of
Connection and its employees in the industry or community in which they operate or reside.
48. Rossner’s false and disparaging statements constitute defamation per se where
certain of Rossner’s statements tend to injure the trade and profession of Connection and its
employees, and to subject Connection and its employees to hatred, distrust, ridicule, contempt, or
disgrace.
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49. Rossner knew or should have known that his false and disparaging statements
would lead a reasonable person to cast doubt on Connection’s trustworthiness and the quality of
the services offered by Connection and its employees.
50. Rossner’s false and disparaging statements were intentionally published to third
parties.
51. Rossner’s false and disparaging statements were neither privileged nor consented
to by Connection or its employees.
52. As a direct and proximate result of the publications, Connection has suffered, and
continue to suffer damages as a result of loss of business reputation, loss of business
opportunities, loss of goodwill, and damage to public opinion.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award actual and compensatory damages, special damages and costs
incurred herein; and any further relief that the Court deems just and proper.
Count II
Tortious Interference with Contractual Relations with Connection Customers
53. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
54. Rossner knew or should have known of the contractual relationships between
Connection and its customers.
55. Rossner directed threatening, harassing, and defamatory statements to
Connection’s customers via social media platforms with the intention of interfering with their
respective contractual relationships with Connection.
56. Rossner’s social media posts interfered with the contractual relationships between
Connection and its customers.
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57. Connection was harmed by Rossner’s contractual interference and suffered
damages as a result.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award damages for Defendant’s tortious interference; and any further
relief that the Court deems just and proper.
Count III
Tortious Interference with Contractual Relations with Connection Employees
58. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
59. Rossner knew or should have known of the contractual relationships between
Connection and its employees.
60. Rossner directed threatening, harassing, and defamatory statements to
Connection’s employees via social media platforms with the intention of interfering with their
respective contractual relationships with Connection.
61. Rossner’s social media posts interfered with the contractual relationships between
Connection and its employees.
62. Connection was harmed by Rossner’s contractual interference and suffered
damages as a result.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award damages for Defendant’s tortious interference; and any further
relief that the Court deems just and proper.
15
Count IV
Civil Conspiracy
63. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
64. Rossner, as an employee of a competitor, conspired with an unidentified
individual with knowledge of and access to Connection’s confidential information
(“Conspirator”) to obtain and disseminate sensitive and confidential information about
Connection’s customer names and the value and profit margin of specific customer contracts.
65. Rossner engaged in an overt act in pursuit of the conspiracy by, upon information
and belief, accessing and retaining Connection’s confidential information and using
Connection’s confidential information to damage Connection’s goodwill and solicit
Connection’s customers.
66. Specifically, Rossner’s December 2, 2022 public social media post disclosed
confidential information concerning the identity of Connection’s customer, the value of
Connection’s recent purchase order with that customer, and Connection’s profit margin on the
purchase order.
67. The Conspirator engaged in an overt act in pursuit of the conspiracy by, upon
information and belief, accessing and supplying Connection’s confidential information to
Rossner to assist Rossner in damaging Connection’s goodwill and in soliciting Connection’s
customers.
68. Rossner used the information provided by the Conspirator to interfere with and
damage the Company’s business and customer relationships, to breach his non-disclosure
agreement with Connection, to breach the Conspirator’s non-disclosure agreement with
Connection, and/or solicit Connection’s customers.
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69. Connection suffered damages as a result of the acts performed pursuant to the
conspiracy.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award damages for Defendant’s conspiracy; and any further relief that
the Court deems just and proper.
Count V
Breach of Contract
70. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
71. The Covenants Agreement, including the restrictive covenants contained therein,
is a valid and enforceable contract.
72. Connection performed all of its contractual obligations and has satisfied all
conditions precedent to its ability to exercise its rights under the Covenants Agreement.
73. Rossner breached the Covenants Agreement by publishing Connection’s
confidential information, acquired during his employment with Connection, to the general
public.
74. Connection is entitled to recover damages arising out of Rossner’s breach.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award damages for Defendant’s breach; and any further relief that the
Court deems just and proper.
Count VI
Breach of New Hampshire Consumer Protection Act (NH RSA 358-A)
75. Connection repeats the allegations contained in the above paragraphs 1 through
43 as if fully set forth herein.
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76. Rossner is a “person” as defined in RSA 358-A:1, I, who is employed as a sales
representative by En Pointe Solutions, a reseller of IT hardware and software and one of
Connection’s direct competitors.
77. RSA 358-A prohibits the use of unfair methods of competition and unfair or
deceptive trade practice in the conduct of any trade or commerce within the State of New
Hampshire.
78. Connection’s corporate headquarters is located in Merrimack, New Hampshire.
Connection also has two other New Hampshire offices located in Keene and Portsmouth, New
Hampshire.
79. Rossner’s conduct, as fully articulated in the preceding paragraphs of this
Complaint, constitutes unfair and deceptive trade practices within the meaning of RSA 358-A:2.
Rossner made disparaging, false, and misleading misrepresentations regarding the goods,
services, and business of Connection and its employees in his social media posts.
80. Rossner published these social media posts while engaged in trade or commerce
affecting the people of the State of New Hampshire within the meaning of RSA 358-A:1, II.
81. As a direct and proximate result of Rossner’s violations of RSA 358-A,
Connection has been damaged in an amount to be proven at trial. Connection is also entitled to
all applicable interest, costs, and reasonable attorneys’ fees.
82. Upon information and belief, Rossner’s actions were willful or knowing
violations of RSA 358-A. Connection is therefore entitled to at least two, and up to three, times
its damages.
WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor
and against Defendant; award damages for Defendant’s breach of New Hampshire’s Consumer
18
Protection Act, RSA 358-A, including treble damages, costs, and reasonable attorneys’ fees; and
any further relief that the Court deems just and proper
Jury Trial Demand
Connection demands a trial by jury for any issues of fact and law so triable.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: all counsel of record; on this 14th day of December, 2022.
/s/ Jordan S. Cohen
Jordan S. Cohen, Esquire
Florida Bar No. 551872
WICKER, SMITH, O’HARA,
McCOY & FORD, P.A.
Attorneys for Plaintiff
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
Ft. Lauderdale, FL 33301
Phone: (954) 847-4800
Fax: (954) 760-9353
ftlcrtpleadings@wickersmith.com
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EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
Christopher H.M. Carter
ccarter@hinckleyallen.com
Direct: 603-545-6104
February 26, 2021
Via Email and U.S. Mail
drossner@gmail.com
Daniel Rossner
635 N Ffa Rd
Fort Pierce, FL 34945
Re: Connection Enterprise Solutions
Mr. Rossner:
Hinckley, Allen & Snyder is legal counsel to Connection Enterprise Solutions (f/k/a MoreDirect,
Inc.) [“Connection” or “the Company”]. This letter concerns your recent efforts to harass and
intimidate Connection and its employees through repeated profane and threatening postings on
Facebook. You did this while purporting to act in the capacity as Enterprise Account Manager for
En Pointe IT Solutions. You are hereby directed to immediately cease and desist any further such
conduct. Should you fail to do so, Connection will immediately institute legal action against you.
The record of your efforts to use social media to harm Connection is well documented. On August
30, 2019, Connection terminated your employment after you violated your duty of loyalty to the
Company, and engaged in a pattern of hostile and threatening behavior. Two days earlier on August
28, 2019, in retaliation for prior disciplinary action taken in response to this conduct, you attempted
to exacerbate the harm to Connection caused by an alleged security breach by posting a Facebook
message (attachment 1) that read: “Bitches crying about my fb posts … but can’t keep their data safe.
fuckers.” At the time, you were well aware that followers of your Facebook page included a large
number of Connection customers and employees.
In the past weeks, while employed by En Point IT Solutions, you resumed your past conduct by
publishing defamatory threats and accusations against Connection and employees who supervised
your performance during your employment with the Company. On February 18, 2021, you posted
the Facebook message (attachment 2) that was directed against Len Duckman, Connection VP of
Business Development and read:
I deleted this PuSSy off my account. “Len is not a friend” fuggin snake!!!! Rot n
hell you twat
***
All of my
Preview
Filing # 163074135 E-Filed 12/14/2022 05:48:13 PM IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA ) P.C. CONNECTION, INC., ) CIRCUIT CIVIL Plaintiff, ) ) v. ) Case No. DANIEL ROSSNER, ) Defendant. ) ) COMPLAINT Plaintiff P.C. Connection, Inc. d/b/a Connection (“Connection” or the “Company”) brings this Complaint against Defendant Daniel Rossner (“Rossner”). INTRODUCTION 1. Rossner is a disgruntled former employee of Connection, a nationwide reseller of IT products and services. This action arises from a lengthy pattern of bad faith, retaliatory conduct by which Rossner has used targeted postings on Facebook and LinkedIn to harass, threaten, and disparage the Company’s management, to broadcast highly confidential sales information (in violation of his ongoing non-disclosure obligations to Connection), and to interfere with Connection’s relationships with key customers. 2. In August 2019, Connection terminated Rossner’s employment as a sales representative after Rossner violated Company policies and used his Facebook account to harass and intimidate other employees. Rossner now works for En Pointe IT Solutions, one of Connection’s direct competitors. In February 2021, after the one-year non-solicitation period under his employment agreement with Connection ended, Rossner began retaliating against his former managers at Connection (whom Rossner apparently held responsible for his termination) by targeting them in profane and threatening messages on Facebook. Rossner persisted with this conduct even after he received cease and desist letters from Connection’s counsel and was warned by local law enforcement. 3. In April 2021, Rossner reportedly was arrested on assault charges unrelated to Connection, and his social media posts targeting Connection stopped, for a time. However, the criminal charges reportedly were dropped, and starting August 2022, Rossner resumed his prior conduct. During the past three months, Rossner has published a barrage of profane, threatening, and harassing social media posts on Facebook and LinkedIn, and has sent similar communications directly through text messaging and email. He has persisted even after having been repeatedly warned by Connection. By his own admission, Rossner is pursuing this bad faith conduct in continued retaliation for his termination; in retribution for the Company’s refusal to release Rossner’s wife (also a Connection sales employee) from her non-competition and non- solicitation covenants with the Company; and in an attempt to harm Connection’s relationships with key customers in order to gain an unfair competitive advantage for himself and En Pointe. Rossner has made his social media posts viewable to the general public and has directed some of his more damaging messages—including messages disclosing confidential Company information—directly to his former Connection managers and their accounts. 4. Rossner’s statements have created substantial fear among Connection’s employees, who are well aware of Rossner’s history of unstable, erratic, and violent behavior. Rossner’s conduct also has harmed Company moral, interfered with Connection’s business and customer relationships, and damaged Connection’s reputation in the industry. PARTIES 5. Plaintiff P.C. Connection, Inc. d/b/a Connection is a Delaware corporation with a principal place of business at 730 Milford Road, Merrimack, New Hampshire 03054. 2 Connection, a publically traded company, is a value added reseller of specialized IT products and services. 6. Defendant Daniel Rossner is a natural person who, upon information and belief, resides at 728 Campbell Road, Fort Pierce, Florida 34945. JURISDICTION AND VENUE 7. This action seeks damages in excess of $30,000, exclusive of attorneys’ fees and costs. 8. This Court has personal jurisdiction over Rossner because, upon information and belief, he resides in Florida. 9. Venue is proper pursuant to Fla. Stat. § 47.011, because, upon information and belief, Rossner resides in St. Lucie County, Florida. FACTUAL BACKGROUND Rossner’s Employment with Connection 10. In December 1999, Rossner was hired as a Sales Representative by Corporate Buying Service, Inc., which later was acquired by MoreDirect, Inc. In 2002, Connection acquired MoreDirect, which now does business as Connection Enterprise Solutions (hereinafter the “Enterprise Division”), one of Connection’s three business divisions. 11. On April 3, 2003, Rossner entered into an Employee Covenants agreement (the “Covenants Agreement”) with MoreDirect (which by then had been acquired by Connection). See Exhibit A (Covenants Agreement). The Covenants Agreement contains a non-disclosure covenant barring the disclosure—at any time during and after Rossner’s employment—of Connection’s “trade secrets and/or confidential information,” defined to include, without limitation, “identities of customers, customer lists and other information about customers.” The 3 Covenant Agreement also contains a non-solicitation covenant that prohibited Rossner, for a period of 12 months after the termination of his employment, from soliciting customers whom he served during his employment. 12. On August 30, 2019, Connection terminated Rossner’s employment after he violated Company policies, and engaged pattern of erratic and hostile behavior directed against other employees.1 For example, on August 28, 2019, after he was disciplined for inappropriate social media postings, Rossner retaliated by posting profane and derogatory Facebook messages that targeted his managers and sought to exacerbate the harm to Connection caused by an alleged security breach. The messages targeted Len Duckman, the Enterprise Division’s Vice President of Business Development who was one of Rossner’s managers, and the Enterprise Division’s Director Human Resources, and read, in part: “Bitches crying about my fb live posts . . . but can’t keep their data safe. fuckers.” See Exhibit B (8/28/19 Facebook posting). Rossner made this posting publically available to anyone on the Internet, whether or not they had a Facebook account, as demonstrated by the appearance of a globe symbol in the heading of the posting. See id.2 Rossner’s Continued Use of Social Media to Threaten and Harass Connection 13. After his termination from Connection, Rossner was hired as a sales representative by En Pointe IT Solutions, a reseller of IT hardware and software which is one of Connection’s direct competitors. Rossner continues to work for En Pointe to this day. 1 Rossner’s wife, Connie Rossner, was also employed by Connection. She worked for the Company for 16 years, until her resignation on October 15, 2022. 2 See Facebook Symbol Meanings, Explained (And How to Use Them Properly), https://www.makeuseof.com/tag/guide-facebook- symbols/#:~:text=What%20do%20these%20symbols%20mean,friends%20can%20see%20your%20posts (updated June 6, 2022). 4 14. As noted, under the Covenants Agreement, Rossner was prohibited, for a period of 12 months after his termination, from competing with the Company by soliciting customers that he worked with during his employment with Connection. 15. Shortly after the non-solicitation period ended, Rossner began using posts on LinkedIn and Facebook to both retaliate against Connection management, and to interfere with the Company’s relationships with its clients. 16. For example, on February 18, 2021, Rossner posted a profane and defamatory message on his Facebook account that again targeted Len Duckman, whom Rossner blamed for reporting misconduct that led to Rossner’s termination from Connection. In his Facebook posting, Rossner called Mr. Duckman a “pussy” and “snake,” told him to “rot in hell you twat,” and alleged that he, Rossner, was “empowered to do unnatural acts.” The full message read as follows: I deleted this Pu$$y off my account. “Len is not a friend” fuggin snake!!!! rot in hell you twat *** All of my posts for a while have been “friends” only but one of you moles is a water cooler gossip queen. I know for a fact because the $hits been shared with me. if im you id be worried. Im pissed and hungry im gonna eat your fugging lunch . . . watch out IT resellers I got a wide open addressable market and your cost structure sucks. Im empowered to do unnatural acts. Keep paying over head on nasty empty suits. Game on fuggers. See Exhibit C (2/18/21 Facebook posting). 17. Within the above post, Rossner not only identified Mr. Duckman by name but also included a screenshot of Mr. Duckman’s own Facebook account information. See id. 5 Rossner made this post viewable to all of his “friends” on Facebook, as indicated by the two person icon in the post heading under Rossner’s username.3 18. Three days later on February 22, 2021, Rossner published a message on his LinkedIn account that targeted John Thomas, then the Enterprise Division’s President (referred to in the message as “JT”), and Timothy McGrath, Connection’s CEO (referred to in the message as “Tim”). Rossner apparently also blamed Mr. Thomas and Mr. McGrath for his termination, and in the message he alleged “you will feel pain.” The message read: Dear JT . . . you can call me directly. you don’t have to sneak around and ask about me . . . same goes for your puppeteer Tim . . . #facts #idgaf let me add some color. I sat my non compete out like a good lil boy . . . I didn’t love paying for my kids school out of savings.. it hurt. you got me.. we are past that but you send bullshit threats from a first year attorney thinking its going to make me cave. you will feel pain. See Exhibit D (2/22/21 LinkedIn posting). 19. Rossner made this message viewable to the general public (as demonstrated by the globe symbol in the message heading4), and it was viewed 123 times within the first 40 minutes of its publication. 20. Connection employees targeted in these posts felt threatened by Rossner, as they were aware of Rossner’s prior hostile and erratic behavior and understood the vindictive and retaliatory motive behind his recent messages. As a result, on February 26, 2021, Connection’s counsel sent a cease and desist letter to Rossner, copying En Pointe Solutions. The letter 3 See Facebook Symbol Meanings, Explained (And How to Use Them Properly), https://www.makeuseof.com/tag/guide-facebook- symbols/#:~:text=What%20do%20these%20symbols%20mean,friends%20can%20see%20your%20posts (updated June 6, 2022). 4 See How to post on LinkedIn to share job news, articles, and more with your network, and edit or delete your posts, https://www.businessinsider.com/guides/tech/how-to-post-on-linkedin (Sept. 5, 2019). 6 directed Rossner to have no further direct or indirect contact with Connection or its employees. See Exhibit E (2/26/21 letter). 21. Rossner ignored this warning. On March 4, 2021, he re-published on Facebook his February 22, 2021 LinkedIn message targeting “JT” (John Thomas), and then posted an additional more menacing message that threatened Mr. Thomas, as follows: I’m on a single mission *** This dude complained about his crazy wife and told me stories about sleeping with the marketing person. . Yada yada.. I got stories and they are real and undisputed. Come at me buddy imma put you one foot under cuz I don’t dig 6 feet See Exhibit F (3/4/21 Facebook post). 22. This post was viewable to all Rossner’s friends on Facebook, as indicated by the two person icon next to his post. 23. Rossner’s reference to “JT” was immediately identifiable to many third parties as John Thomas, who contacted Mr. Thomas to express concern for his well-being. 24. On or about March 8, 2021, Rossner again targeted Mr. Thomas in a text sent to a former Connection employee, Kenneth Stanis, which alleged: “My wife’s in tears. JT is fucking with her.” See Exhibit G (3/8/21 text message). That same day, Rossner sent multiple email messages to Mr. Thomas asking him to join Rossner’s LinkedIn network. 25. On March 9, 2022, Connection’s counsel reported Rossner’s conduct to the St. Lucie County Sheriff’s Department. Later that day, a deputy sheriff spoke with Rossner and warned him to cease using social media to threaten and harass Connection and its employees. 26. After the Sheriff’s Department spoke with Rossner, a Texas lawyer, Matt Mussalli, contacted Connection’s counsel on Rossner’s behalf. Attorney Mussalli advised that 7 he would encourage Rossner not to continue to target Connection or its employees on social media. 27. Once again, however, Rossner did not relent. On April 7, 2021, Rossner sent text messages to Corey Reading, an Enterprise Division Sales Director who was another of Rossner’s former managers. See Exhibit H (4/7/21 text message). The text messages referenced a rap song in which the artist, Machine Gun Kelly, disparaged another rap artist with violent and vulgar lyrics which included the following: Comin’ bare-faced with a black shovel, like the Armageddon when the smoke settle, his body next to this instrumental”; “Or we could get gully, I’ll size up your body and put some white chalk around it”; and “But I’m the Gunner, bitch, I got you in the scope, don’t have a heart attack now somebody help your mans up.”5 Mr. Reading informed Connection’s management that he felt threatened by Rossner’s text. 28. On April 9, 2021, Connection’s counsel reported the above conduct to Rossner’s lawyer, Matt Mussalli. In response, Attorney Mussalli acknowledged that Rossner had sent the text to Mr. Reading because he, Rossner, felt “disrespected” by Connection. Attorney Mussalli also acknowledged that he had advised Rossner to “avoid” rather than “invite” conflict with the Company, and that he hoped and expected that further communication between Rossner and Connection would cease completely. 29. Before anything further occurred at that time, Connection learned that on April 21, 2021, Rossner was arrested on unrelated felony charges for aggravated assault with a deadly weapon without intent to kill, drug possession, and tampering with evidence.6 The charges did not concern Connection. 5 See https://genius.com/Machine-gun-kelly-rap-devil-lyrics. 6 See Deputies: gunfire, marijuana grow room west of Florida’s Turnpike lead to arrest, https://www.tcpalm.com/story/news/crime/st-lucie-county/2021/04/23/daniel-paul-rossner-53-arrested-felony- charges/7349078002/ (April 23, 2021). 8 30. Based on Rossner’s arrest and the representations by his attorney, Connection reasonably assumed that it would not have to contend with any further problems associated with Rossner’s texts and social media postings. 31. In fact, Connection did not hear anything further from Rossner for over a year. However, on August 17, 2022, Rossner began emailing Connection’s management to demand that the Company release his wife Connie, who still worked for Connection, from the non- compete covenant in her employment agreement. When Connection declined, Rossner returned to social media to retaliate. 32. On or about August 29, 2022, Rossner posted a public message on LinkedIn in which he once again targeted Len Duckman. In the LinkedIn message, Rossner included a copy of an August 29, 2019 email by which Mr. Duckman had reported to management one of Rossner’s Facebook posts that contributed to Rossner’s termination. In the August 29, 2022 LinkedIn message, directly above the copy of Mr. Duckman’s earlier email, Rossner wrote: “Look at this pumpkin … sending shit to H.R. do you trust this guy? Lol.” See Exhibit I (8/29/22 LinkedIn post). 33. Three days later on September 2, 2022, Rossner once again took aim at Mr. Duckman and two of his other former managers at Connection, Carmen Vecchio and Corey Reading. In a public LinkedIn post, Rossner referred to these individuals by their initials, and alleged: you know what's crazy... my last job only pigs who could not sell themselves out of a paper bag had company credit cards. "CC, CV, CR" you know who you are. “LD, master of making a job out of nothing” my last free tip.…... hogs get slaughtered.. I love bacon. pigs get feed. be a pig, don't be a hog. but u know your hog all day you just wont look in the mirror. right Cv? See Exhibit J (9/2/22 LinkedIn post). 9 34. These employees reported to Connection’s management their fear of Rossner and demanded that the Company take steps to protect the safety of themselves and their families. As a result, on September 2, 2022, Connection’s counsel sent a letter to the President of En Pointe Solutions, which still employs Rossner, and requested that the company exercise its supervisory authority over Rossner to bring a stop to his unlawful and harassing behavior. See Exhibit K (9/2/22 letter). In addition, Connection again contacted Rossner’s attorney, and on September 6, 2022 sent a letter warning that if Rossner’s conduct did not cease, the Company would be forced to institute legal proceedings. See Exhibit L (9/6/22 letter). 35. Yet again, Rossner continued to use his social media accounts to threaten, harass, intimidate, and defame Connection and its employees. And, in an effort to further harm Connection, Rossner began targeting Connection’s customers and leaking confidential information regarding their recent transactions with the Company. 36. On October 11, 2022, Rossner sent a text message directly to Connection’s CEO, Timothy McGrath, and alleged: “And let my wife out of her non compete. And all others too. I’m on a mission Tim and I’m a way better sales person than you. Way fucking better.” See Exhibit M (10/11/22 text). 37. Also on October 11, 2022, Rossner posted a LinkedIn message directed to Mickey Bland, who on October 9, 2022 replaced John Thomas as President of the Enterprise Division. In the message, Rossner referred to Mr. McGrath as “crooked finger tim” and a “liar,” alleged that Mr. Bland should “fire” Carmen Vecchio and Len Duckman, and further alleged that “JT [John Thomas] paid a douche bag who punched his wife out at a pclub event 400k to do nothing.” See Exhibit N. The full message read: I’m going to crush you . . . it’s not personal. It’s passion. . . . Fuck crooked finger tim[.] Liar 10 *** You fire Carmen yet? I gave my wife 50k to leave connection . . . She quit. You win in the short term[.] If I was you. I’d take her up on her very humble offer *** Fire Carmen, Christian and Len[.] You will thank me *** Jt paid a douche bag who punched his wife out at a pclub event 400k to do nothing. The account is still with insight[.] 38. Next, on or about October 30, 2022, Rossner published to the general public a message on LinkedIn that was directed again to Mickey Bland, and that referred to Connection as “shady and dishonest.” The message read: nothing personal . . . imma crush your bottom line. dear mick… let’s see who wins.. I’m betting on me ..I always do. I built the company you now run. your welcome. why ? because the firm you run is shady and dishonest. See Exhibit O (10/30/22 LinkedIn message). 39. A few hours later on October 30, Rossner published to the general public yet another message on LinkedIn, in which he “tagged” Clark Green, an Enterprise Division Account Executive, and Lowe’s, one of the Enterprise Division’s most significant long-time accounts. Because Mr. Green and Lowe’s were “tagged,” the post not only included a hyperlink to the LinkedIn profiles of Green and Lowe’s, but each also received an email from LinkedIn to alert them that they had been mentioned in a post.7 In the LinkedIn message, Rossner alleged: not your fault but imma crush you and all you greedy pigs for what you are. pound of flesh… lol mega millions Lowe’s Companies, Inc. we must chat.. T. Clark Green how do you sleep at night 7 See https://www.linkedin.com/pulse/why-how-tagon-linkedin-carol- kaemmerer#:~:text=When%20you%20tag%20a%20person,they%20choose%20to%20do%20so (Jan 2, 2018) (“One of the niceties of communications on LinkedIn is the ability to mention a person or company in such a way that they will surely be aware of it.”). 11 See Exhibit P (second 10/30/22 LinkedIn message). 40. Less than an hour after posting the above message on October 30, Rossner published to the general public a third LinkedIn message in which he referred to Glenn McDonald, the Enterprise Division’s National Account Manager, and “tagged” AARP, a significant client of the Enterprise Division which is handled by Mr. McDonald. In the message, Rossner accused Mr. McDonald of “lying” to AARP, as follows: AARP stop eating free donuts [] from Glenn McDonut..I gave you 80k during 911.. Glenn spent 20 years lying to you I have proof. See Exhibit Q (third 10/30/22 LinkedIn message). 41. Rossner later edited the above post to replace AARP with the American Red Cross, another major client of the Enterprise Division, and again “tagged” Red Cross to ensure it would be notified of the post, which read as follows: American Red Cross stop eating free donuts [] from Glenn McDonut..I gave you 80k during 911.. Glenn spent 20 years lying to you I have proof. See Exhibit R (revised 10/30/22 LinkedIn message). 42. Finally, on December 2, 2022, Rossner posted another public message on LinkedIn in which he released highly confidential information concerning a significant recent sale between Connection and Lowe’s. Rossner tagged Lowe’s to ensure the company received notice of the December 12 message, which read as follows: Lowe’s Companies, Inc. . . . a little birdy told me you just cut your reseller a 39 million dollar purchase order . . . shipping this month. I am a reseller can sell you the same stuff… do you want to save 2.3 million dollars ? I’d have your team contact me asap .. I will call Marvin tomorrow on his cell if I need to .. dm me See Exhibit S (12/2/22 LinkedIn message). 12 43. Connection’s contractual relationships with Lowe’s, AARP, and the American Red Cross constitute confidential information under Rossner’s Covenant Agreement with Connection, and Rossner’s publication of this information constituted a breach of that Agreement. CAUSES OF ACTION Count I Defamation, Defamation Per Se and Trade Libel 44. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 45. The above identified statements published by Rossner are false, disparaging, and defamatory. 46. After his termination, Rossner communicated, published, and disseminated or caused to be communicated, published, and disseminated, false, misleading, malicious and outrageous statements on both the Facebook and LinkedIn online platforms about Connection and its employees, which Rossner knew or should have known were false, misleading, malicious and outrageous. 47. Rossner’s statements are disparaging by virtue of the manner to which they ascribe certain conduct, character, or conditions that would adversely affect the readers’ view of Connection and its employees in the industry or community in which they operate or reside. 48. Rossner’s false and disparaging statements constitute defamation per se where certain of Rossner’s statements tend to injure the trade and profession of Connection and its employees, and to subject Connection and its employees to hatred, distrust, ridicule, contempt, or disgrace. 13 49. Rossner knew or should have known that his false and disparaging statements would lead a reasonable person to cast doubt on Connection’s trustworthiness and the quality of the services offered by Connection and its employees. 50. Rossner’s false and disparaging statements were intentionally published to third parties. 51. Rossner’s false and disparaging statements were neither privileged nor consented to by Connection or its employees. 52. As a direct and proximate result of the publications, Connection has suffered, and continue to suffer damages as a result of loss of business reputation, loss of business opportunities, loss of goodwill, and damage to public opinion. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award actual and compensatory damages, special damages and costs incurred herein; and any further relief that the Court deems just and proper. Count II Tortious Interference with Contractual Relations with Connection Customers 53. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 54. Rossner knew or should have known of the contractual relationships between Connection and its customers. 55. Rossner directed threatening, harassing, and defamatory statements to Connection’s customers via social media platforms with the intention of interfering with their respective contractual relationships with Connection. 56. Rossner’s social media posts interfered with the contractual relationships between Connection and its customers. 14 57. Connection was harmed by Rossner’s contractual interference and suffered damages as a result. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award damages for Defendant’s tortious interference; and any further relief that the Court deems just and proper. Count III Tortious Interference with Contractual Relations with Connection Employees 58. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 59. Rossner knew or should have known of the contractual relationships between Connection and its employees. 60. Rossner directed threatening, harassing, and defamatory statements to Connection’s employees via social media platforms with the intention of interfering with their respective contractual relationships with Connection. 61. Rossner’s social media posts interfered with the contractual relationships between Connection and its employees. 62. Connection was harmed by Rossner’s contractual interference and suffered damages as a result. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award damages for Defendant’s tortious interference; and any further relief that the Court deems just and proper. 15 Count IV Civil Conspiracy 63. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 64. Rossner, as an employee of a competitor, conspired with an unidentified individual with knowledge of and access to Connection’s confidential information (“Conspirator”) to obtain and disseminate sensitive and confidential information about Connection’s customer names and the value and profit margin of specific customer contracts. 65. Rossner engaged in an overt act in pursuit of the conspiracy by, upon information and belief, accessing and retaining Connection’s confidential information and using Connection’s confidential information to damage Connection’s goodwill and solicit Connection’s customers. 66. Specifically, Rossner’s December 2, 2022 public social media post disclosed confidential information concerning the identity of Connection’s customer, the value of Connection’s recent purchase order with that customer, and Connection’s profit margin on the purchase order. 67. The Conspirator engaged in an overt act in pursuit of the conspiracy by, upon information and belief, accessing and supplying Connection’s confidential information to Rossner to assist Rossner in damaging Connection’s goodwill and in soliciting Connection’s customers. 68. Rossner used the information provided by the Conspirator to interfere with and damage the Company’s business and customer relationships, to breach his non-disclosure agreement with Connection, to breach the Conspirator’s non-disclosure agreement with Connection, and/or solicit Connection’s customers. 16 69. Connection suffered damages as a result of the acts performed pursuant to the conspiracy. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award damages for Defendant’s conspiracy; and any further relief that the Court deems just and proper. Count V Breach of Contract 70. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 71. The Covenants Agreement, including the restrictive covenants contained therein, is a valid and enforceable contract. 72. Connection performed all of its contractual obligations and has satisfied all conditions precedent to its ability to exercise its rights under the Covenants Agreement. 73. Rossner breached the Covenants Agreement by publishing Connection’s confidential information, acquired during his employment with Connection, to the general public. 74. Connection is entitled to recover damages arising out of Rossner’s breach. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award damages for Defendant’s breach; and any further relief that the Court deems just and proper. Count VI Breach of New Hampshire Consumer Protection Act (NH RSA 358-A) 75. Connection repeats the allegations contained in the above paragraphs 1 through 43 as if fully set forth herein. 17 76. Rossner is a “person” as defined in RSA 358-A:1, I, who is employed as a sales representative by En Pointe Solutions, a reseller of IT hardware and software and one of Connection’s direct competitors. 77. RSA 358-A prohibits the use of unfair methods of competition and unfair or deceptive trade practice in the conduct of any trade or commerce within the State of New Hampshire. 78. Connection’s corporate headquarters is located in Merrimack, New Hampshire. Connection also has two other New Hampshire offices located in Keene and Portsmouth, New Hampshire. 79. Rossner’s conduct, as fully articulated in the preceding paragraphs of this Complaint, constitutes unfair and deceptive trade practices within the meaning of RSA 358-A:2. Rossner made disparaging, false, and misleading misrepresentations regarding the goods, services, and business of Connection and its employees in his social media posts. 80. Rossner published these social media posts while engaged in trade or commerce affecting the people of the State of New Hampshire within the meaning of RSA 358-A:1, II. 81. As a direct and proximate result of Rossner’s violations of RSA 358-A, Connection has been damaged in an amount to be proven at trial. Connection is also entitled to all applicable interest, costs, and reasonable attorneys’ fees. 82. Upon information and belief, Rossner’s actions were willful or knowing violations of RSA 358-A. Connection is therefore entitled to at least two, and up to three, times its damages. WHEREFORE, Connection respectfully requests this Court to enter judgment in its favor and against Defendant; award damages for Defendant’s breach of New Hampshire’s Consumer 18 Protection Act, RSA 358-A, including treble damages, costs, and reasonable attorneys’ fees; and any further relief that the Court deems just and proper Jury Trial Demand Connection demands a trial by jury for any issues of fact and law so triable. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: all counsel of record; on this 14th day of December, 2022. /s/ Jordan S. Cohen Jordan S. Cohen, Esquire Florida Bar No. 551872 WICKER, SMITH, O’HARA, McCOY & FORD, P.A. Attorneys for Plaintiff 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 Ft. Lauderdale, FL 33301 Phone: (954) 847-4800 Fax: (954) 760-9353 ftlcrtpleadings@wickersmith.com 19 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Christopher H.M. Carter ccarter@hinckleyallen.com Direct: 603-545-6104 February 26, 2021 Via Email and U.S. Mail drossner@gmail.com Daniel Rossner 635 N Ffa Rd Fort Pierce, FL 34945 Re: Connection Enterprise Solutions Mr. Rossner: Hinckley, Allen & Snyder is legal counsel to Connection Enterprise Solutions (f/k/a MoreDirect, Inc.) [“Connection” or “the Company”]. This letter concerns your recent efforts to harass and intimidate Connection and its employees through repeated profane and threatening postings on Facebook. You did this while purporting to act in the capacity as Enterprise Account Manager for En Pointe IT Solutions. You are hereby directed to immediately cease and desist any further such conduct. Should you fail to do so, Connection will immediately institute legal action against you. The record of your efforts to use social media to harm Connection is well documented. On August 30, 2019, Connection terminated your employment after you violated your duty of loyalty to the Company, and engaged in a pattern of hostile and threatening behavior. Two days earlier on August 28, 2019, in retaliation for prior disciplinary action taken in response to this conduct, you attempted to exacerbate the harm to Connection caused by an alleged security breach by posting a Facebook message (attachment 1) that read: “Bitches crying about my fb posts … but can’t keep their data safe. fuckers.” At the time, you were well aware that followers of your Facebook page included a large number of Connection customers and employees. In the past weeks, while employed by En Point IT Solutions, you resumed your past conduct by publishing defamatory threats and accusations against Connection and employees who supervised your performance during your employment with the Company. On February 18, 2021, you posted the Facebook message (attachment 2) that was directed against Len Duckman, Connection VP of Business Development and read: I deleted this PuSSy off my account. “Len is not a friend” fuggin snake!!!! Rot n hell you twat *** All of my