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ed Oak Realty has filed a lawsuit against Vanguard Properties, alleging the Bay Area's largest independent brokerage engaged in an agent "poaching campaign" using confidential information. The suit seeks damages and a preliminary injunction to stop Vanguard from recruiting Red Oak agents with sensitive data obtained during failed merger talks.

    The complaint claims that after signing a non-disclosure agreement, Red Oak shared financial documents and other confidential information with Vanguard, which was assured that the disclosures would be kept safe. However, Vanguard allegedly used this information to poach top producers from Red Oak, including several who had worked under the company's banner for decades.

    Red Oak CEO Vanessa Bergmark met with Vanguard founder James Nunemacher and President Frank Nolan in 2022 to discuss a potential merger, but the talks fell through due to disagreements over equity splits and leadership roles. Despite this, Bergmark said she welcomed Vanguard to the East Bay market when they opened an office across the street from Red Oak's Oakland location.

    However, things took a turn for the worse this fall when several of Red Oak's top producers suddenly left to join Vanguard. Bergmark described the situation as "ridiculous" and felt that Vanguard had engaged in a "downright dirty practice" by asking former Red Oak agents to cancel sales contracts and relist them with their new brokerage.

    Vanguard has denied all allegations, stating that they are founded on class, integrity, kindness, and professionalism. The company claims to have experienced remarkable growth in the East Bay due to its upscale brokerage model and culture of care and belonging.

    A hearing on the injunction is set for January 27, and a case management conference is scheduled for May 7. Red Oak's Bergmark expressed gratitude that Vanguard is not her business partner, but she remains committed to pursuing the lawsuit and seeking damages for the alleged wrongdoing.