Sues iCrossing for “Massive” Staff and Client Filching


By Matt Van Hoven Comment


AgencySpy has learned that has filed $19.5 million lawsuit against competitor iCrossing for allegedly poaching staff and clients from his former employer.

We obtained the petition submitted to Dallas District Court on Nov. 5th by’s lawyer Jacqeline C. Johnson, which outlines the situation from’s point of view.

Named as a principal in the suit is iCrossing CEO Charles Scales, former president and CEO. alleges that after leaving the company in 2006, Scales teamed up with iCrossing prior to the end of their 180 day agreement (during which time Scales was paid by and expected to remain “loyal” and keep his “promise” to the company). Translation: non-compete, non-disclosure, non-solicatation contracts existed, but Scales may have breached them.

The suit claims Scales actively sought staff and clientele; actions that they believe lead to the closing of’s Dallas office in 2007, and “decimated” the Chicago office.

Click continued to read on.

More: “iCrossing Fined for Illegally Dumping Trash

In January of this year, SuperSpy wrote: “Despite some recent awards and the win of the LG account, is barely keeping afloat. The shop closed its Dallas office last month due to a lack of business and former CEO Don Scales, now iCrossing’s president, is busy poaching their top talent. Chan Suh is back in the driver’s seat, but can he save his agency?”

Even then, the jig was up, so to speak. But didn’t do anything to stop the madness?

An excerpt from the petition states that “After numerous written demands to cease and desist such conduct were met with rebukes and scornful replies, pursued depositions of Donald Scales and Marlin Jackson (svp business development) pursuant to Rule 202 of the Texas Rules of Civil Procedure. Jackson was a Vice President of Business Development for Agency, but left the Company to become a Vice President of Business Development for iCrossing. iCrossing, Scales and Jackson bitterly opposed these depositions.”

In all, the petition states that nine employees, not including Scales, were lost to iCrossing. They are SVP Biz-dev Marlin Jackson, COO Dave Johnson, Lori Wilson, Karen Pate, Kent Milton, Colin Tumey, John Doyle, Amanda McElroy, and Carolyn Frazier.


Dave Johnson’s situation is not unlike the other 8 named defendants. When he left for iCrossing in June 2007, he was head of the Chicago office and President of North America. Attached to that contract was a two-year non-solicit agreement. According to the petition, his contract prohibits him from “the solicitation of customers and employees” until June 16, 2009. Per iCrossing’s Web site, “As chief operating officer, Dave Johnson is responsible for iCrossing operations worldwide.” It’s up to to prove that he broke that agreement by taking clients and staff.

AgencySpy attempted to reach iCrossing for comment, but the agency declined to answer the phone. We’ll have more on this as it happens.