Shenkman

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RETURN ON INTELLIGENCE, LTD., and Case No. 18-cv-00262-JSW

RETURN ON INTELLIGENCE, INC.,

8 Plaintiffs, FINDINGS OF FACT AND CONCLUSIONS OF LAW v.

GREGORY SHENKMAN,

11 Defendant.

13 This matter came before the Court for a bench trial on claims for intentional interference 14 with prospective economic relations and breach of fiduciary duty brought by Plaintiffs, Return on 15 Intelligence, Ltd. (“ROI Ltd.”) and Return on Intelligence, Inc. (“ROI Inc.”), against Defendant Gregory Shenkman (“Shenkman”).1 17 The Court has considered the testimony, evidence, pre-trial and post-trial briefing, and 18 relevant legal authority. For the reasons that follow, the Court concludes the ROI Entities fail to prove Mr. Shenkman is liable to them.2

WITNESSES

21 The Court heard testimony from the following witnesses, none of whom were materially 22 impeached at trial.

Plaintiffs withdrew their claim of civil conspiracy on the first day of trial. (Tr. 12/4/23 at 9:12-18.) 25 Plaintiffs…