Even to the extent such an opinion is verifiable based on the standards the Bureau uses to determine its ratings, the F is not a false and defamatory statement. & Rem.Code Ann. Accordingly, John Moore's evidence does not clearly and specifically establish all of the essential elements of a prima facie fraud claim for the alleged misrepresentations made by the Houston Bureau. If a business does not create some barrier to entry, supply will be increased by competitors to a point where profit drops tothe opportunity cost of capital. We therefore reverse the trial court's denial of the motion to dismiss and remand the case to the trial court for further proceedings. 011200372CV, slip op. at 11 (Tex.App.Houston [1st Dist.] He is well known for co-hosting an MTV dating show singled Out with Conceited. For example, airlines and manymanufacturers generate a lot more value to society than their profitability suggests. This court has recently held, along with several other intermediate courts of appeal, that section 27.008 permits an interlocutory appeal from the trial court's written order denying a motion to dismiss under the TCPA. KTRK Television, Inc. v. Robinson, No. & Rem.Code Ann. See Ernst & Young, 51 S.W.3d at 577 (plaintiff establishes reliance by showing that the defendant's acts and representations induced it to either act or refrain from acting to its detriment). John Moore disputes these points and also asserts that a business transaction exemption to the statute applies.1 We address each contention in turn. Great companies are built with different products by different people., To make a dent in the universe, it will be necessary to be contrarian on something very important and be right about that contrarian view in a big way. Without it you are dead. John Moore did not present evidence regarding the terms of any of contracts with customers or the other Better Business Bureau chapters, or how those contracts were breached. 6854 US-4, Fort Ann, NY 12827, New York. Our business is a business of highly intuitive decision making and that fact that its done in a scientific area doesnt make it scientifically practical to make decisions that way, We recognize by Socratic questioning opportunities that are better than others and why., The art of storytelling is incredibly important. In late 2010, however, John Moore resigned from the Houston Bureau, complaining about the methodology it used to determine its business ratings. See Newspaper Holdings, 2013 WL 1867104, at *6. Get PC Daily delivered directly to your inbox don't miss anything! Civ. He possesses no fancy degrees from Caltech or Stanford Business School. July 11, 2013, no pet. The key to making great investments is to assume that the past is wrong, and to do something thats not part of the past, to do something entirely differently. 27.005(b). 1. The cost of acquiring a customer and the cost of serving a customer can be stone cold killers of a business. Carr v. Brasher, 776 S.W.2d 567, 570 (Tex.1989); Musser v. Smith Protective Servs., Inc., 723 S.W.2d 653, 65455 (Tex.1987). See Musser, 723 S.W.2d at 655 (holding statement not defamatory as matter of law that does not charge plaintiff with commission of a crime, violation of any law or contract, or with any unethical acts and business dealings). denied). The money flows as a function of the story.. Like being unaccredited by the Bureau, having no rating on the website suggests merely that John Moore has no rating. We reverse and remand for further proceedings consistent with this opinion. In 1972, Valentine launched Sequoia Capital and pioneered the Silicon Valley venture capital industry. Overall, the mega-wealthy are worth $8.7 trillion. We review questions of statutory construction de novo. Ernst & Young, L.L.P. In exchange, the Bureau offers accredited members the use of the Better Business Bureau seal, a page for the business on the Bureau's website, and various services to help resolve disputes between businesses, such as a mediation program. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Aquaplex, Inc. v. Rancho La Valencia, Inc., 297 S.W.3d 768, 774 (Tex.2009). Dannine Avara, Houston Net worth: $5.2 billion. Theres also an astounding four-way Bayou City tie for No. Forbes magazine has released its 33rdannual list of Billionaires: The Richest People in The World. 239, Rich Kinder. In other words, network effects are a double-edged sword success can disappear just as fast as it was created. John Moore argues that the evidence showed that some complaining customers mentioned on the Bureau's website that they would file complaints demanding their money back from John Moore and that there was interference with its contracts with the Dallas and BryanCollege Station chapters. Prac. Id. NetApp offers cloud data services for management of applications and data both online and physically. Instead of portraying unaccredited businesses as worthy of public hatred, contempt, or ridicule, the Houston Bureau confirmed that businesses are not obligated to seek accreditation and must pay for the designation. The estimated Net Worth of Donald T Valentine is at least $31.9 Million dollars as of 14 December 2004. When you are in a business driven by optionality, like the venture capital business, investing a lot of resources increating spreadsheets is a waste of time since the assumptions in it are guesses. One thing that people underestimate the importance of is the need to acquire customers in a cost effective way. Please let us know if you think data we have about Don Valentine's height is not correct. 4. h.). Opinion of the quality of a business's products and services are published based on the Bureau's own criteria, including customer feedback and complaints about those products and services. As the statute does not define clear and specific evidence, these terms are given their ordinary meaning. The money still wont come to you. c. Alleged misrepresentations of independence and neutrality. If you think Don Valentine's age is not correct, please leave a comment about Don Valentine's real age and Don Valentine's actual birthday below. We have always focused on the market the size of the market, the dynamics of the market, the nature of the competition because our objective always was to build big companies. The letter also cannot be reasonably read to suggest that the Bureau was forfeiting its right to ever take the position in the future that it would be misleading for an F-rated or nonrated business to advertise Bureau awards it had won in the past. The reason for this mystery described by Don Valentine is best explained by Charlie Munger: there are all kinds of wonderful new inventions that give you nothing as owners except the opportunity to spend a lot more money in a business thats still going to be lousy. May 21, 2013, no. Most recently Donald sold 20,000 units of NTAP stock worth $662,000 on 14 December 2004. 3. Don Valentine , 61 3.96 Summary Court Records Contact & Personal Details Relatives & Associates Reviews Don Valentine is 61 years old and was born on 10/09/1961. To maintain a defamation cause of action, the plaintiff must prove that the defendant: (1) published a statement; (2) that was defamatory concerning the plaintiff; (3) while acting with either actual malice, if the plaintiff was a public official or public figure, or with negligence, if the plaintiff was a private individual, regarding the truth of the statement. Valentine was among the original investors in Apple Computer, Oracle, LSI Logic, Electronic Arts and Cisco Systems. Jan. 24, 2013, order); Better Bus. 1998, pet. But the trial court in this case did timely rule on the Houston Bureau's motion. She currently resides in Houston, Texas, USA. (Ciscos founders were the husband and wife team of Len Bosack and Sandy Lerner.). Donald Valentine owns over 20,000 units of Netapp Inc stock worth over $31,231,200 and over the last 19 years Donald sold NTAP stock worth over $662,000. Donald has made over 1 trades of the Netapp Inc stock since 2004, according to the Form 4 filled with the SEC. Either way, you gotta love the attitude inspired by the great maverick venture capitalist, Don Valentine. We consider each cause of action to determine whether it has been supported by clear and specific evidence. P. 33.1(a); see also Sw. Elec. 2011, pet. February 21, 2015. Instead, these statements would merely suggest that John Moore did not obtain accreditation with the Better Business Bureaua purely optional accolade. The intended audience all of these statements is the public consumer, not businesses who may be eligible for accreditation. I just follow Moores Law and make a few guesses about its consequences., The nature of silicon and software and storage go hand in hand. The statement does not suggest that John Moore committed some wrong or engaged in any nefarious activities. 27.002. Austinites that stole the show include private equity star Robert Smith (No. The TCPA defines the exercise of the right of free speech as a communication made in connection with a matter of public concern . Tex. The largest trade Donald's ever made was selling 20,000 units of Netapp Inc stock on 14 December 2004 worth over $662,000. Interns who picked up the quarter were thought to have the right attitude to work for Sequoia. After learning of these activities, the Houston Bureau once again considered John Moore as a Houston-area business, and it resumed publication of a business rating on its website. You can thank weak stock markets and some pretty powerful economic forces. In its original petition and response to the motion to dismiss, John Moore alleged specifically that the Houston Bureau falsely represented the following information to it: (1) that John Moore could continue advertising its receipt of the Awards of Excellence, even after it was no longer a member of the Houston BBB, by not placing any restrictions on the awards when they were given to John Moore from 2003 to 2010; (2) that John Moore could not advertise with the BBB trademark(s) registered to the Council of Better Business Bureaus, Inc., since it is no longer a member of the Houston BBB; (3) that the Houston BBB would not include price complaints in a business's complaint record, nor would it factor price complaints into the overall rating of a business; (4) that the Houston BBB is an independent and unbiased rating agency; and (5) that the Houston BBB follows its mission statement and values statement that claims its goal is to [b]e honest and ethical in all of its business activities; [t]reat everyone with integrity[,] respect and dignity; and communicate with honesty.. The Houston Bureau explained on its website that John Moore continue[s] to advertise winning numerous BBB Awards for Excellence for the years 20032010, despite the fact that the Bureau has asked that this practice cease. Acknowledging that a dispute exists over these advertising of these awards is not a defamatory statement, let alone a statement showing the Bureau's negligent regard for the truth, as a defamation showing requires. But the F rating itself cannot be defamatory because it is the Bureau's self-described opinion of the quality of John Moore's services, which lacks a high degree of verifiability. But this interpretation would render completely meaningless the references to the constitutional rights to speak freely and associate freely, if neither adds any additional meaning to the protection of the constitutional right to petition and to otherwise participate in government. Id. In those affidavits, John Moore stated that the Houston Bureau's statements to John Moore's current and prospective customers are false and are causing John Moore to lose customers, valuable goodwill and revenue. Based on representations that it could continue to display Bureau markings, John Moore allegedly continued to spend millions of dollars in advertising with the Awards. John Moore also stated it suffered a 20% decrease in business after the Houston BBB posted the F rating on its website. The right to free speech that is protected by the statute is expressly defined to include communication made in connection with a matter of public concern, id. John Moore then filed this lawsuit, asserting numerous causes of action against the Houston Bureau. John Moore also did not clearly and specifically demonstrate what injuries or damages it suffered as a result of the interferencetwo other necessary elements of the tortious interference claim. As Valentine tells it, Morgridge had an odd way of indoctrinating new Cisco managers. A. To establish a cause of action for tortious interference with contract, a plaintiff must prove that (1) a contract subject to interference exists, (2) the defendant committed a willful and intentional act of interference with the contract (3) the act proximately caused injury, and (4) the plaintiff sustained actual damages or loss. denied). (quoting Hurlbut, 749 S.W.2d at 766). Think about a company like Eastman Kodak it was the leader in its market, and now its gone. John Moore contends that the statute only applies to speech for the purpose of participation in government, and that the statute does not apply to lawsuits relating to commercial speech. Chips were new and nobody had sold them before. In 2012, the Houston Bureau learned that John Moore was continuing to display a Houston address on its advertising and that the company's office in BryanCollege Station had no indications of actual business activity. In his affidavit, Valentine pointed to bold and extra large language on the website which clearly and improperly implied that John Moore Services only claimed to have won all the Education Foundation Awards for Excellence, but hadn't actually won them.. Civ. J. Valentines income source is mostly from being a successful Singer. From humble beginnings, Valentine became a legendary salesman at Fairchild Semiconductor and National Semiconductor, before founding Sequoia Capital in 1972. He was one of the original investors in Apple Computer, Atari, LSI Logic, Cisco Systems, Oracle, and Electronic Arts., 1. A statement is defamatory if the words tend to injure the plaintiff's reputation, exposing it to public hatred, contempt, ridicule, or financial injury, or if it tends to impeach the person's honesty, integrity, or virtue. In sum, John Moore did not offer clear and specific evidence to establish its claim that the Houston Bureau made an actionable misrepresentation about its neutrality. Conclusory statements are not probative and accordingly will not suffice to establish a prima facie case. The original petition and response to the motion to dismiss alleged that the Bureau committed fraud by misrepresenting that it is an independent and unbiased rating agency and that it follows its mission statement and values statement that claims the Houston Bureau's goal is to [b]e honest and ethical in all of its business activities; [t]reat everyone with integrity [,] respect and dignity; and communicate with honesty. But John Moore presented no clear and specific evidence of when or how the Houston Bureau represented that it was independent and unbiased, and it provided no evidence that made any reference whatsoever to the Bureau's mission statement and values statement. For instance, John Moore did not provide any relevant context for the alleged misrepresentations, such as who made them, where and when they were made, or even how they were communicated (such as orally, in writing, or on the website). A famous Confucius quote is: True wisdom is knowing what you dont know. But the important corollary to that quote is that there are some things that you cant know, because some future states of the world are not known. Family and Early Life Justina was born on 14th February 1987 in Passaic, New Jersey, United States. Dallas, Inc. v. BH DFW, Inc., No. In short, accusing John Moore of not being accredited or never having been accredited does no more than characterize the company as abstaining from participation. To the extent John Moore was encouraged to advertise the awards in the past, there is no allegation that this encouragement was tantamount to a perpetual license to use Bureau trademarks, nor could it mean that the Bureau could never take a subsequent position that it would be misleading for a company with a current F rating to prominently feature Bureau awards in its advertising. Your email address will not be published. John Moore makes the same allegations to support its business disparagement claim as it made regarding its defamation claim. Her debut album, Chain Letter, peaked at number three in the Billboard Top R&B/Hip Hop Albums charts. As of 14 December 2004 Donald still owns at least 520,000 units of Netapp Inc stock. Technology and markets are secondary considerations. Instead, John Moore only alleged that such contracts exist. The level of profit of businesses in a given part of the economy can be vastly lower than their importance to society. 27.008(a). See Bentley v. Bunton, 94 S.W .3d 561, 58083 (Tex.2002). denied). A similarlyfamous Don Rumsfeld quote is: As we know, there are known knowns; there are things we know we know. In re Humphreys, 880 S.W.2d 402, 404 (Tex.1994). h.)). AllBiz Business Profile Background Search. According to wikipedia, Don Valentine was born on August 15, 1990. If you think Don Valentine's age is not correct, please leave a comment about Don Valentine's real age and Don Valentine's actual birthday below. How tall is Don Valentine and what is Don Valentine's height? Who is Don Valentine's partner? On its website, the Bureau notes that its letter grades represent its opinion of the business and that the grades are not a guarantee of a business's reliability or performance. The Bureau also invites selected businesses to become accredited members by asking them to abide by Bureau-promulgated standards and to pay a membership fee. The Houston Better Business Bureau's rating system falls within this definition. - Biogra Jung Yein (Lovelyz) - Age, Height, Body, Boyfriend What Happened To The Lewis Family On The Last Alas Don Valentine, Valentine, Don, Donald "Don" T. Valentine. Accordingly, John Moore did not present a prima facie case of business disparagement. Learning to tell a story is critically important because thats how the money works. John Moore's tortious interference with business relationships claim also fails because it did not present clear and specific evidence that the Houston BBB committed an independently tortious or unlawful act. Brown v. Swett & Crawford of Tex., Inc., 178 S.W.3d 373, 38182 (Tex.App.-Houston [1st Dist.] 27 .005(c). 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