Elements
What must be established, count by count
28 elements across 7 counts · 10 assessed as supported
Count 1 — Breach of Contract
| # | Element | What must be established | Facts | Evidence | Witnesses | Gaps | Status |
|---|---|---|---|---|---|---|---|
| 1 | Valid contract | A valid and enforceable contract existed between Meridian and Halvorsen. | 4 | 1 | 0 | 0 | Supported |
| 2 | Plaintiff's performance | Meridian performed its own obligations under the contract. | 1 | 1 | 1 | 1 | Contradicted |
| 3 | Breach | Halvorsen failed to perform: it did not remit the full share and did not report all fees collected. | 2 | 2 | 2 | 0 | Supported |
| 4 | Damages | Meridian suffered damages caused by the breach. | 0 | 0 | 0 | 0 | Partially supported |
Count 2 — Misappropriation of Trade Secrets
| # | Element | What must be established | Facts | Evidence | Witnesses | Gaps | Status |
|---|---|---|---|---|---|---|---|
| 1 | Trade secret | Tempo's forecasting models and training pipeline are trade secrets: not generally known, deriving independent economic value from secrecy. | 1 | 1 | 0 | 0 | Supported |
| 2 | Reasonable measures | Meridian took reasonable measures to keep the information secret. | 0 | 0 | 0 | 0 | Partially supported |
| 3 | Interstate commerce | The trade secret relates to a product used in interstate commerce. | 0 | 0 | 0 | 0 | Supported |
| 4 | Misappropriation | Defendants acquired the secret by improper means, or used or disclosed it without consent. | 6 | 2 | 1 | 0 | Partially supported |
| 5 | Damages or unjust enrichment | Meridian suffered actual loss or defendants were unjustly enriched. | 0 | 0 | 0 | 1 | Evidence needed |
Count 3 — Breach of Fiduciary Duty
| # | Element | What must be established | Facts | Evidence | Witnesses | Gaps | Status |
|---|---|---|---|---|---|---|---|
| 1 | Fiduciary relationship | Kane owed Meridian fiduciary duties as a director. | 1 | 1 | 0 | 0 | Supported |
| 2 | Breach | Kane breached the duty of loyalty or confidentiality. | 1 | 1 | 1 | 0 | Partially supported |
| 3 | Causation | The breach caused harm to Meridian. | 0 | 0 | 0 | 0 | Attorney review |
| 4 | Damages | Meridian suffered damages, or Kane profited. | 0 | 0 | 0 | 1 | Evidence needed |
Every Count, One Page.What Must Be Established, in Plain Words.
Each element states what has to be shown, beside the facts, documents, witnesses and open gaps standing behind it, and its status. Twenty-eight elements across seven counts, read top to bottom.
Element status
Only counsel moves an element from one to another.
- Evidence neededNothing in the vault has been linked to this element yet.
- Partially supportedSome propositions under this element have support; others do not.
- SupportedEvidence and witnesses are linked to every factual proposition under this element.
- ContradictedMaterial in the vault cuts against this element.
- Attorney reviewWaiting on counsel’s assessment.
When the Record Cuts the Other Way.Contradicted, and Shown Why.
An element the record contradicts carries the evidence against it alongside the evidence for it: the disputed fact, the document and witness that cut the other way, what is still missing, and counsel’s assessment of what to do about it.
2Plaintiff's performance
Meridian performed its own obligations under the contract.
Facts supporting this element
- FACT-037Meridian delivered the v4 integration API about six weeks after the January 31, 2025 target.Disputed
Evidence supporting those facts
- MERIDIAN-000001 Reseller and Implementation Agreement, § 3.2 Context
Witnesses
- Elena Ruiz Contradicts
Contrary evidence
- MERIDIAN-000011 Email — E. Ruiz to T. Kane re v4 integration API timing
Missing evidence
- Whether the delay was material
§ 3.2 requires commercially reasonable efforts, not a fixed date, and v3 stayed supported.
Suggested: Collect the v3 support tickets for February and March 2025.
AI analysis Advisory
The answer’s prior-breach defense rests on the six-week slip. The Agreement sets an effort standard rather than a date, which is the stronger reading, but the slip itself is documented and should be owned.
Attorney assessment
Default Framework.Nothing Assumed, Until Counsel Adopts It.
Elements written at setup are marked as a default framework, not taken from the pleading as filed or checked against the governing jurisdiction. Counsel edits what is wrong, then confirms the count.
Confirming records that counsel adopted the structure, by name.
2 elements here are still the default framework.
Confirm Count 61Benefit conferred
Defendants received a benefit.
2At plaintiff's expense
The benefit came at Meridian's expense.
3Unjust retention
Retaining the benefit without payment would be unjust.
Counsel’s Own Words.Reword, Reorder, Remove.
Put the elements in the order of proof, rewrite any of them, or remove one. Editing marks an element as counsel’s own. Removing one detaches its facts, evidence and witnesses rather than deleting them.