Chesapeake Energy has sued its former CEO, Aubrey McClendon, for allegedly stealing its trade secrets in the months between his resignation and the formation of his new company, American Energy Partners. To defend itself outside of the courtroom, American Energy Partnersย has hiredย Edelman,ย the ‘world’s largest’ and often controversial public relations firm.
Filed on February 17 at the District Court of Oklahoma County, Chesapeake’s legal complaint alleges McClendon covertly took map-based data owned by the company in the time between resigning from the company and then officially leaving the company in early 2013. Chesapeake also alleges that he then utilized that same confidential data for business and investment decisions at his new startup in deciding which land to purchase for hydraulic fracturing (โfrackingโ) for oil andย gas.
โAEP used confidential information and trade secrets stolen by McClendon from Chesapeake as a basis for their decision to acquire certain acreage in the Utica Shale Play,โ alleges the lawsuit. โFurther, in acquiring this acreageโฆAEP interfered with Chesapeake’s business plans and its negotiations for its own acquisition of acreage in the Utica Shaleย play.โ
Chesapeake Energy alleges that, before taking the data with him, McClendon asked a former company vice president of land, whose name is redacted in the complaint, to optimize and update theย data.
Image Credit:ย District Court of Oklahomaย County
McClendon also had his executive assistant print out maps for him that were until that point only stored on company computers, according to the legal complaint.ย Further, the complaint details, he blind carbon-copied (BCC‘d) โdozens of emailsโ of those same maps to his personal email address for laterย use.ย
Image Credit:ย District Court of Oklahomaย County
That executive assistant (whose name is redacted) now serves as McClendon’s executive assistant at American Energy Partners, according to theย complaint.ย
The assistant isย one among close to 200 employees who left Chesapeake and joined American Energy Partners, where they work just down the street from Chesapeake’s corporate headquarters.ย
Edelman: McClendon Mediaย Contact
In the news lately for landing a contract worth hundreds of millions of dollars to do PR over the past several years for American Petroleum Instituteย (then watching that contract expire), and working with TransCanada on a controversial plan to promote the Energy East tar sands pipeline, Edelman is listed asย American Energy’sย media contact for theย lawsuit.
At the bottom of theย lawsuit website created by American Energy, the company lists Edelman’sย Ryan Colaianni as its media contact. According to his LinkedIn page, Colaianni works as a senior account supervisor forย Edelman.
Image Credit:ย AELPvCHKlitigation.com
Like the gaggle of employees and โland grabโ tactics McClendon has brought with him to American Energy Partners, he also used Edelman for public relations services while he served as theย controversy-laden CEO of Chesapeake Energy.
According to an October 2012 press release, Chesapeake and General Electric utilized Edelman for communications efforts surrounding their jointย compressed natural gasย โCNG in a Boxโย initiative.ย
Furthermore, on her LinkedIn pageย Natalie (Wilson) Ilsengย โ an Edelman senior account executiveย โ lists Chesapeake among her current or pastย clients.
Edelman also used to do PR work for the American Legislative Exchange Council (ALEC), described by its critics as a โcorporate bill mill.โ Chesapeake Energy in the past has sponsored an ALEC meeting.
McClendon Responds toย Allegations
McClendon and his legal team, as well asย American Energy Partners’ investors, have already responded to the lawsuit in a very public way. They have all issued statements declaring full innocence, on top of creating a website dedicated to theย case.ย
โIt is beyond belief that the company that I co-founded 25 years ago and where I worked tirelessly to build it into one of Americaโs largest and most successful oil and gas producers has now decided to add insult to injury almost two years to the day after my resignation by wrongly accusing me of misappropriating information,โ McClendon declared in a pressย release.
โIt is a sad day to see Chesapeake stoop so low as to sue its co-founder for having information that was earned, paid for and provided through my contracts withย Chesapeake.โ
In other words, McClendon and his legal team have shown their cards.ย It appears they will argue in court that everything he took with him to American Energy Partners fits within the confines of contracts signed and agreed to by bothย sides.
American Energy Partners has published those contracts online, including the โSummary of Agreed Terms of Post Separation Founder Services Agreement,โ the โFounder Separation and Services Agreementโ and the โFounder Joint Operating Services Agreement.โ
โOur filings will show that any information in Mr. McClendonโs possession is rightfully his pursuant to the terms of the agreements entered into between the parties,โ Matthew Taylor, an attorney at Duane Morris and McClendon’s lawyer, said in a press release. โWe are 100% confident that Mr. McClendon and AELP will prevail in thisย dispute.โ
Judge Patricia G. Parrish will preside over the case that will likely create headlines in the business and legal press for months toย come.
If it goes their way, Edelman will help shape some of those headlines on behalf of American Energy Partners.
Edelman’s Colaianni did not respond to questions from DeSmogBlog at the time ofย publication.
Photo Credit: Matthew Staver/Bloomberg via Gettyย Images
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