Before: LETICA, P.J., and SERVITTO and M. J. KELLY, JJ.
PER CURIAM.
In Docket No. 352952, plaintiffs/counterdefendants, T.J. Theisen (Theisen) and The
Theisen Group, LLC (TTG) (referred to collectively as plaintiffs), appeal as of right a February
13, 2020 judgment of no cause of action on plaintiffs’ remaining claims and on the remaining
counterclaims of defendant/counterplaintiff, Inventive Consulting, LLC (IC), following a jury trial
in this case alleging breach of contract and related claims and counterclaims pertaining to an
invention in the automotive industry. IC and defendants Mohamad Zeidan (Zeidan) and Slobdan
Pavlovic (Pavlovic) (all three collectively referred to as “defendants”) have filed a cross-appeal in
Docket No. 352952 from the February 13, 2020 judgment. In Docket No. 353990, defendants
appeal as of right a March 24, 2020 order denying IC’s postjudgment motion for attorney fees and
costs. The appeals were consolidated. Theisen v Inventive Consulting, LLC, unpublished order of
the Court of Appeals, entered July 8, 2020 (Docket Nos. 352952 and 353990). In Docket No.
352952, we affirm in part, reverse in part, and remand for further proceedings. In Docket No.
353990, we dismiss the appeal as moot.
This case arises out of a dispute concerning an invention in the automotive industry.
Theisen is the sole member of TTG. Pavlovic and Zeidan are members of IC and are actively
involved in managing and operating IC. According to plaintiffs, in February 2016, the parties
began negotiations regarding a joint business venture in which plaintiffs would help develop
certain intellectual property (IP) created by defendants. According to their complaint, plaintiffs
have “extensive experience in sales, marketing, development, business planning and successful
implementation of new products in the automotive parts industry worldwide.” Before being
introduced to plaintiffs, defendants had “a business development/fundraising agreement with non-
party company Global Eagle. Defendants were not satisfied with the lack of progress by Global
Eagle.”
According to plaintiffs, on or about May 26, 2016, the parties reached an oral agreement
whereby plaintiffs would purchase the IP from defendants for $1 million; as part of this
arrangement, Pavlovic and Zeidan would each receive 10% of equity in TTG and thus would each
receive 10% of the future net profits of the venture. Theisen then began developing a three-year
business plan with an executive summary and related business development documents; he also
began reaching out to possible investors to raise the funds needed to fulfill the agreement.
At a July 18, 2016 meeting of the parties, Theisen presented his full PowerPoint
presentation, which the parties refer to as a “deck,” setting forth his business plans, executive
summaries, cost analysis, and other items to be used in developing and marketing the IP. Each
page of the deck contained language stating, “HIGHLY CONFIDENTIAL PROPERTY OF THE
THEISEN GROUP.” According to plaintiffs, the deck included Theisen’s ideas and work product
that reflected “his years of extensive, high level experience in the development of products for this
industry and the ramp up for production of those products.” After defendants reviewed the deck,
they allegedly demanded alterations of the May 26, 2016 agreement. On September 12, 2016,