Witness Files Affidavit Saying She Knows Ewing Stole Proprietary Information From HAHS.

Business Editors, Legal Writers

WOODSTOCK, Ill.--(BUSINESS WIRE)--July 31, 2001

HAHS moves to dismiss Ewing lawsuits and seeks the court's protection from Ewing's efforts to form a competing society using improper means

Today, attorneys for the Hooved Animal Humane Society (HAHS) filed several motions related to the pending complaints filed by Donna Ewing with the Circuit Court of McHenry County.

Included among the HAHS filings was a request for a temporary restraining order, asking the Court to protect the Society against Ewing's ongoing attempts to irreparably harm HAHS by using HAHS' proprietary information to form a competing organization. This request was supported by an affidavit from Jacque Hollander, of Woodstock, stating that Donna Ewing asked her to hold proprietary information taken from HAHS.

Hollander, a newcomer to the area, states in her affidavit that she unknowingly held important HAHS fundraising and donor information when Ewing asked her to take some "riding files" to her home for safekeeping. Hollander did not look at the files at that time, but became concerned about these files' contents as a result of the press coverage of the Ewing controversy. Hollander then decided to inspect the contents of the files.

In her sworn statement, Hollander states that she discovered that the files contained copies of information related to donations made to HAHS, including checks, notes, donor histories and documentation of estates and trusts donations. Hollander states that she then called Ewing, who had the files picked up.

The Hollander affidavit supports the HAHS Board's repeated assertions that Ewing removed proprietary and confidential information from HAHS with the intent of using it to form a competing organization. These assertions were further supported by other documentation filed with the Court indicating that Ewing obtained a copy of HAHS' confidential member/donor database from its third-party database administrator while she was still employed by HAHS. These events are particularly damaging to HAHS given Ewing's formation of a competing organization.

In addition to the request for a temporary restraining order, attorneys for the HAHS Board of Directors also filed Motions to Dismiss both Ewing's complaint alleging breach of fiduciary duties by the individual Board members and Ewing's complaint charging each Board member with defamation.

Counsel for the Board indicated that they intend to begin deposing former staff, board members and volunteers of the organization as early as next week. Counsel further indicated that they would continue to investigate, among other things, Ewing and her management of HAHS to further support their motions and defend against the litigation initiated by Ewing.

"This Board cares about HAHS and its 65,000 members who support HAHS' mission," said HAHS spokesperson Lorna Brett. "HAHS will bring all relevant information to the attention of the Court to demonstrate that actions taken by the Board were justified and in the best interest of the organization."

The Hooved Animal Humane Society is a national organization founded 30 years ago to promote and ensure the humane treatment of hooved animals through education, advocacy, investigation and, when necessary, legal intervention.