A recent court filing details allegations that a former senior leader at a marketing firm used confidential company information to benefit a newly formed competitor agency, solicited company employees and clients, and breached multiple contractual obligations. The dispute centers on claims that sensitive business data was misused during the transition from one employer to another, raising concerns about the protection of trade secrets in the competitive marketing industry.
The complaint was filed by Yes& Holdings, LLC doing business as Yes& Agency in the United States District Court for the Eastern District of Virginia on April 3, 2026. The defendants named are Anthony Robinson, a former Senior Vice President at Yes&, and The-Devoted Agency, which Robinson founded.
According to the filing, Yes& is an integrated marketing agency based in Alexandria, Virginia. In November 2021, Yes& acquired P’unk Avenue LLC, where Robinson had served as Chief Executive Officer. As part of this acquisition, Robinson entered into an employment agreement with Yes&, becoming Senior Vice President for Digital Strategy. This agreement included several restrictive covenants: prohibitions on disclosing or using confidential information for personal or third-party gain; restrictions against soliciting company clients or employees; and non-compete clauses related to similar lines of business.
The complaint states that these protective covenants were central to Yes&’s decision to employ Robinson following the acquisition. “The Company would not have entered into this Agreement… unless the covenants set forth in Section 8 were contained in this Agreement,” it reads. During his tenure at Yes&, Robinson allegedly gained access to proprietary pricing strategies, customer relationships, new business leads, referral sources, and other sensitive operational data.
In early 2024, Robinson informed Yes& leadership of his intention to leave the company and start The-Devoted Agency—a digital brand agency offering services similar to those provided by Yes&. The filing notes that Yes& allowed Robinson an extended transition period through June 28, 2024—beyond his original contract term—while continuing to pay him full salary despite reduced hours.
However, Yes& alleges that during this transition period Robinson breached his duty of loyalty by sharing confidential information with The-Devoted Agency and soliciting both employees and clients from Yes&, including Spero Studio LLC (Spero), a client with whom he had substantial contact while employed at Yes&. Specifically mentioned is Nicole Glueckert, a member of the digital advertising team at Yes&, who was allegedly recruited by Robinson for employment at The-Devoted while still working for Yes&.
The complaint further claims that both Robinson and Glueckert approached Spero on behalf of The-Devoted while still employed by Yes&, seeking to divert Spero’s business away from their current employer. According to statements attributed in the filing from Spero’s founder Jenelle Coy: “Mr. Robinson’s and Ms. Glueckert’s actions… made her ‘extremely uncomfortable,'” leading Coy to question her trust in Yes&’s staff.
Following these events—and after internal discussions—Yes& terminated Glueckert’s employment for cause due to her dual roles with both agencies. Shortly thereafter on June 28, 2024—the agreed end date—Yes& ended its employment relationship with Robinson as well.
The legal action brought by Yes& includes multiple counts: breach of contract regarding disclosure and use of confidential information; breach relating to solicitation of clients and employees; breach of fiduciary duty; aiding and abetting breach of fiduciary duty (against The-Devoted); violation of Virginia Business Conspiracy Act; and common law conspiracy claims against both defendants.
For each count related to alleged breaches by Robinson or actions involving The-Devoted Agency—including conspiracy claims—the plaintiff seeks compensatory damages (no less than $500,000 per claim), punitive damages (no less than $150,000 where specified), treble damages under state statute where applicable, preliminary and permanent injunctions preventing further use or disclosure of proprietary information or solicitation activities by defendants; attorneys’ fees; costs; disgorgement of compensation paid during periods deemed disloyal; as well as any additional relief deemed appropriate by the court.
Yes& is represented in this matter by attorney Jeremy S. Schneider from Jackson Lewis P.C., according to court documents. The case is identified as Civil Case No.: 1:26-cv-00920.
Source: 126cv00920_Yes_and_Holdings_LLC_v_Robinson_Complaint_Eastern_District_Virginia.pdf
