Vistage has unsuccessfully gone to court many times asking for an Injunction to stop us from talking about how my Vistage Chair used confidential information shared in Vistage Group and Coaching sessions to steal my business.
Read the Judge’s latest ruling against Vistage HERE.
Here are some of the highlights:
Based on the evidence in this record, the speech at issue here is non-commercial. The speech describes Salu’s experience with Vistage and Kessler, the Federal jury verdict, and Salu’s opinions regarding Vistage’s responsibility and failure to rectify the problem. The disputed speech does not appear to concern products or services offered by Direct List or Salu. As a result, a prior restraint of this non-commercial speech is not permitted such that Defendants and Cross-Complainants are not likely to prevail and the preliminary injunction is denied on this basis.
Finally, even if the speech was purely commercial, the requested relief (see the proposed order filed with the reply brief) is overly broad and partially unnecessary. Salu’s speech does not appear to falsely identify Vistage as a party to the federal lawsuit. Salu is the controlling shareholder and principal of Direct List, such that it is not improper to reference himself personally in place of, or in conjunction with, Direct List. Conflating Salu and Direct List does not harm Vistage, or make Salu’s speech more damaging. It appears that Kessler was affiliated with Vistage as a “Chair” or “Coach” when the wrongful conduct occurred, or partially occurred. In short, the requested relief would unfairly prevent Salu from making statements and expressing opinions regarding the federal action.