1303

Okay, while I cannot provide the actual exhibits or full transcripts themselves (as these are part of the court record, often voluminous, potentially sealed, and require specific legal database access like PACER), I can describe the types of exhibits and testimony that were likely pivotal based on the nature of the claims and rulings in Card Connect, LLC v. Shift4 Payments, LLC.

Pivotal Types of Exhibits and Testimony (Likely Introduced):

Contracts and Agreements:

    ISO Agreements: Agreements between Card Connect and its Independent Sales Organizations (ISOs). These would be crucial for determining obligations, exclusivity clauses, confidentiality requirements, and what constituted a breach.

    Confidentiality/Non-Disclosure Agreements (NDAs): Any NDAs signed by former Card Connect partners, employees, or ISOs who later worked with or for Shift4. These would be central to trade secret and confidentiality claims.

    Partnership or Reseller Agreements: Documents outlining the business relationship between the parties or their predecessors/affiliates, if any existed.

Evidence Related to Trade Secrets:

    Customer Lists and Data: Exhibits attempting to demonstrate the specific customer information (names, contact details, pricing, contract terms, transaction volume) that Card Connect claimed as trade secrets. Evidence showing the effort and cost to compile this information and measures taken to keep it confidential (e.g., password protection, limited access, NDAs) would also be key.

    Pricing Information and Strategies: Documents detailing Card Connect's proprietary pricing models or specific confidential rates offered to customers, alleged to have been misused by Shift4.

    Internal Communications/Policies: Documents showing Card Connect treated the information as confidential.

Evidence of Alleged Misconduct (Misappropriation/Interference):

    Emails and Internal Communications: Correspondence (potentially from Shift4 personnel or former Card Connect affiliates/employees now associated with Shift4) that might show intent to target Card Connect's customers or use confidential information.

    Forensic Data: Evidence possibly showing improper access to or transfer of electronic files containing alleged trade secrets.

    Witness Testimony (Depositions/Declarations): Statements from:

        Former Card Connect employees/ISOs about their departure and subsequent work with Shift4, including what information they took or used.

        Shift4 personnel regarding their sales practices, knowledge of Card Connect's information, and interactions with former Card Connect affiliates.

        Customers who switched from Card Connect to Shift4, regarding how they were solicited.

Evidence of Damages:

    Financial Records: Documents showing lost profits, loss of customers, or other economic harm Card Connect claimed to have suffered due to Shift4's alleged actions.

    Expert Reports/Testimony: Analysis by financial or industry experts quantifying the alleged damages or opining on industry customs.

Why These Were Pivotal:

The contracts established the legal duties and potential breaches.

The trade secret evidence was essential for Card Connect to prove it had protectable trade secrets and took reasonable steps to maintain secrecy.

The evidence of misconduct (emails, testimony, forensic data) was crucial for demonstrating that Shift4 actually acquired or used the trade secrets improperly or interfered with contracts/relationships.

The damages evidence was necessary to prove financial harm and justify any monetary award.

Court decisions, particularly on summary judgment or preliminary injunctions, would have heavily relied on analyzing these types of evidence to determine whether genuine disputes of material fact existed or whether one party was likely to succeed on the merits.