LAW SUIT INFO BELOW 2013 - NO MLM COMPANY OPERATES LIKE XANGO
WITH FULL AND OPEN DISCLOSURES!


FOLLOW UP - PRESS RELEASE XANGO OVERHAUL 2/25/2014
XANGO DOES A DIVISIONAL DIVERSIFICATION STARTS A NEW COMPANY
NEW PRODUCTS - NEW COMPLAN!
IN A BRILLIANT STROKE OF GENUIS XANGO OWNERS CREATE A TOTALLY NEW
COMPANY XALO!

HOT NEW PRODUCTS (like "An Ageless line" DNA repair)

HOT NEW PAY PLAN VOLUME BASED SIMPLE FAST "GET THREE IT'S FREE!


2/25/2014: A Sucessfull 10+ year old company uses it's money (billions of $ sales)  to launch a brand new company with super tested and researched products!

WATCH DOG DIGS DEEP: CLICK HERE FOR MORE INFORMATION

History 8-27-2013 - In a great move Xango pulled in their top Distributors into a big room and did not come out  until they came out hot-hot complan.  New top secret researched products appreared (now) still hidden to the public. Sign-up Pdf. forms are flying allover the world and all the distributors I have talked to are happy about the the actions.  So with that attitude from people on the ground your editor see's it as a good move.  There is probably a lesson to be learned for other companies that are far older than Xango!
September 2013 marks the bold beginning of a momentous era within XANGO and across the MLM landscape: At our XANGO Bold 2013 international convention, we'll introduce a product that, similar to what XANGO® Juice has done since 2002, will address the needs and desires of hundreds of millions of people around the world. This product, codenamed "X926," is a game-changer.

XANGO is the opportunity company. And the opportunity engine that will power this new product and the business into the stratosphere is a brand-new comp plan within a comp plan, something never before fulfilled in the industry. XANGO has led with innovation since our very first day, and this new opportunity actually is a complement to the already-stellar XANGO plan: If you've been with XANGO one day, one year or one decade, your business remains intact and your efforts to this point let you build with the new product and opportunity from your established foundation. It truly is the best of both worlds.

We've taken the game-changing facets of the original XANGO plan — like true 50% payout of commissionable volume, UniLevel commissions, dynamic compression and more — and we've added elements that set us even further apart from other plans. Without divulging too much too soon, here are a few pieces that have people so fired-up a full month before the official launch:

*   A lifestyle bonus we call "Drive Your Own Dream" (wait ’til you see how early it's possible!)
*   Rank-advancement bonuses (standard and accelerated)
*   Reward trips even beyond the thousands of trips we've provided to this point
*   Perhaps most noteworthy of all: We're paying 5% on the 9th level — UNPRECEDENTED!

And we've made it so that this new plan is available universally, right out of the gates — which is ideal for fueling the fastest-growing segment of our business, the Distributor-led "MB30" ("Millionaire by 30") movement for entrepreneurs 18-30 years old.

All along the way we've partnered with our Distributor leaders, and we've locked in on what's necessary for fanatical, frenzied growth AND sustainable, enduring stability. XANGO is the company that brought mangosteen to the world . . . that led with the most generous compensation plan in the industry . . . that created more than 100 million-dollar-earners (and 27 multi-million-dollar-earners) in its first 10 years.

And XANGO is the company that will introduce a revolutionary new product and pair it with a revolutionary compensation plan, creating opportunity and massive growth in ways previously only dreamed of.
This followup is because Xango major leaders are founders of the Distributors Rights Association and they wanted the full details.  Xango has also supported the Association of Network Marketing Professionals.

LAWSUIT BE LOW! SPECIAL STATISTICAL NOTE FROM YOUR EDITOR
NO BILLION DOLLAR A YEAR COMPANY LIKE MaryK, Nuskin, Amway, Natures Sunshine, AVON (Plus others)  hit the magical billion without internal lawsuits Amoung partners/investors etc.

OLD NEWS DONE SETTLED EVERYBODY HAPPY!
XANGO FIRED BACK AT BRIAN DAVIS FULL BROADSIDE
WOW WHAT A READ!
PR – Beverly Hollister – Senior Vice President has send this message out in reply to the Law suit Bryan Davis submitted in May 2013:
"XANGO has filed the attached action against Bryan Davis in the Third Judicial District Court (Utah and Salt Lake City).
The XANGO board has been developing legal action for some time, as their efforts to reach a separation agreement with Mr. Davis stalled when he pushed for an inflated payment.
Over several months, the XANGO board has collected evidence to show years of gross negligence by Mr. Davis, including malpractice, breach of ethical obligation, breach of confidentiality and breach of covenants with the company and his partners. As you will see in the attached complaint (filed May 20, 2013), Mr. Davis failed to fulfill his responsibilities to the company, and his actions put the company and its employees at risk.
Per the complaint, Mr. Davis engaged in inappropriate conduct with multiple distributors, spread false and confidential information, and attempted to harm the company and his partners after XANGO terminated him for his gross negligence, reckless and intentional behavior, and for intentionally using company resources for his personal gain and expenses.
Mr. Davis's partners—XANGO founders Aaron Garrity, Joe Morton, Gordon Morton, Kent Wood and Gary Hollister—led the company through the missteps Mr. Davis made during his employment. In fact, in sworn testimony (p. 5 of the attached), Mr. Davis attributes the global success of XANGO to the sound management of his partners.
You will also note that Mr. Davis made his threats to sue his partners during separation discussions with the board. As stated in XANGO's complaint, Mr. Davis threatened to sue his partners if he did not receive the extraordinary payment and arrangement he was pursuing. The result of this threat is the unfounded allegations in Mr. Davis's lawsuit, intended to embarrass his partners and force an inflated payment.
Important to note: This lawsuit is a separate action by XANGO. It has been in the works for some time, and is not in response to the legal action taken by Mr. Davis. The XANGO founders are focused on building the company and on protecting the brand, the jobs XANGO provides to hundreds of employees, and the opportunities the company provides to millions of people worldwide."

XANGO, LLC, a Utah limited liability company, COMPLAINT AND JURY DEMAND Plaintiffs, vs. Civil No. BRYAN DAVIS, an individual; and BD Judge LANDMARK HOLDINGS LLC, a Utah limited liability company, JOHN DOES Defendants.

Plaintiff complains of Defendants and alleges as follows:

I. PARTIES
1. XanGo, LLC (the "Company" and "XanGo") is a Utah limited liability company doing business in the State of Utah.
2. Bryan Davis is a resident of Utah County, and a licensed Utah attorney.3. BD Landmark Holdings, LLC is a Utah single member limited liability company and is authorized to transact business in the State of Utah.

II. JURISDICTION AND VENUE
4. This Court has jurisdiction to hear this matter and over the parties, and venue is proper in this Court pursuant to Article 9.13 of the Second Amended and Restated Operating Agreement of XanGo, LLC. According to that Article, Mr. Davis "[c]onsents, submits and subjects himself . . . to the exclusive personal and subject matter jurisdiction of the . . . Utah State courts located in Salt Lake County, Utah."

III. GENERAL ALLEGATIONS

A. XanGo and Its Independent Distributors.

5. XanGo is a consumer direct-marketing company, commonly known and referred to as a multi-level marketing or network marketing company.

6. XanGo's business consists of manufacturing nutritional juices, health food, and health-related products, and then marketing these products through a network of independent contractors referred to as distributors.

7. Distributors open accounts for customers to buy products directly from the Company. Distributors also recruit and enroll other individuals as distributors to build sales teams to engage in similar marketing activities.

8. Each distributor has the potential to create a multi-level customer base over which it has oversight. Each distributor also receives commission payments reflecting a certain percentage of the income derived from the sales made by other distributors in his or her downline.

9. Because of the Company's unique business model, downlines — particularly those established and maintained by high-level distributors — are highly valuable.

10. Information regarding the Company's downlines is rigorously and systematically protected and is not made public.

11. Information regarding downlines is, in short, proprietary confidential information and/or a trade secret.

12. The Company works to ensure that its distributors remain with the Company and that the Company's reputation and goodwill remains strong, in order to encourage its distributors to perform to the highest possible standards and to prevent distributors from deserting the Company.

B. Mr. Davis is employed at XanGo from 2002 to 2012.

13. Since its founding in 2002, the Company has proved very successful and has become an industry leader.

14. Mr. Davis is a founder of XanGo and has been involved with the Company since its inception in 2002.

15. Since the Company's founding, Mr. Davis has served on the Company's board of managers.

16. In addition to serving on its board of managers, the Company employed Mr. Davis for more than ten (10) years. As an employee, he has been involved in overseeing and directing the Company's legal affairs, as well as international relations, security, distributor compliance and human resources.

17. As a member of the board of managers, a Company employee, and a Company lawyer, Mr. Davis has been privy to an enormous amount of private and confidential information regarding the Company.

18. As an attorney for XanGo and as one of its founding managers, Mr. Davis is a party to one or more confidentiality and non-disclosure agreements where he agreed that he would not disclose XanGo's financial and other private information.

19. In a sworn statement dated July 5, 2007, Mr. Davis stated: "I believe it is very important (both to XanGo and its Members) that such information remain confidential and private."

20. Indeed, Mr. Davis himself has played a central role in many, if not all, of the major decisions regarding the Company since its founding.

C. Mr. Davis is sued in the Angel Investors case.

21. In 2007, XanGo was sued by minority investors alleging mismanagement of XanGo, waste of corporate assets, and oppression of minority investors and members ("Prior XanGo Litigation"). Mr. Davis was a party to the Prior XanGo Litigation as an individual defendant.

22. In a sworn statement filed in the Prior XanGo Litigation, Mr. Davis testified: "I believe . . . the actions of other members of XanGo's management team, hav[e] been highly effective, successful, and in the best interest of [XanGo]."

23. Mr. Davis also testified that "[w]hether amounts paid as salary, bonuses, commissions, or other benefits, I believe the total compensation paid to . . . other members of XanGo's management team, is reasonable and, if anything, below the compensation paid to similarly situated executives."

24. Mr. Davis also testified: "In my opinion, XanGo's success as a company is primarly tied to the efforts of our management team."

25. The Prior XanGo Litigation settled on or about August 8, 2010.

D. Mr. Davis commits malpractice in his capacity as the Company's lead attorney.

26. One of Mr. Davis' first assignments as the Company's attorney was drafting XanGo's original operating agreement, a true and correct copy of which is attached hereto as Exhibit "A".

27. Many of the claims in the Prior XanGo Litigation arose as a direct and proximate result of XanGo's failure to have a properly drafted and signed operating agreement that created and otherwise set forth the issuance and governance of membership interests.

28. On December 4, 2008, Mr. Davis admitted that instead of drafting the operating agreement, he used a "cookie cutter" form found in a binder.

29. At other times, Mr. Davis stated that he drafted the operating agreement from a form that he found online.

30. Mr. Davis has admitted under oath that he did not advise his client or otherwise communicate with his client about any specifics in relation to the drafting of the operating agreement, the creation of membership interests, or the proper treatment of minority investors in the operating agreement.

31. In drafting the original operating agreement, Mr. Davis included provisions that  provided himself a substantial ownership interest in the Company.

32. Mr. Davis did not advise his client about this conflict of interest prior to agreeing to draft the original operating agreement.

33. Mr. Davis acted negligently and engaged in legal malpractice in his representation of XanGo's interests in relation to drafting the original operating agreement.

34. The acts and failures to act described herein constituted a failure to use the same degree of care, skill, judgment and diligence used by reasonably prudent attorneys under similar circumstances.

35. The acts and failures to act described herein were the actual cause of injury and harm to XanGo, in that but for Mr. Davis' malpractice in failing to properly advise XanGo and in engaging in other negligence in relation to the original operating agreement, the Prior XanGo Litigation as it related to membership interests of investors would have likely been avoided.

36. The acts and failures to act described herein were the proximate cause of injury and harm to XanGo in that a reasonable likelihood exists that the claims in the direct action relative to the original operating agreement in the Prior XanGo Litigation would have been avoided and altogether dismissed with prejudice.

37. As Mr. Davis' malpractice relates to his drafting of the operating agreement, such negligence and breach of fiduciary duty culminated on August 8, 2010, when XanGo settled the Prior XanGo Litigation.

38. As an attorney for XanGo, Mr. Davis has ethical obligations relative to keeping confidential communications he has had with XanGo in relation to his advising his client.

39. Mr. Davis has breached this ethical obligation by disclosing confidential information about XanGo to employees, distributors and competitors.

40. Mr. Davis has a pattern of breaching his fiduciary duties and disclosing client confidences.

E. Mr. Davis signs the Second Amended Operating Agreement

41. On or about May 15, 2009, Mr. Davis signed the Company's Second Amended and Restated Operating Agreement (the "Second Operating Agreement"), a true and correct copy of which is attached hereto as Exhibit "B."

42. As set forth in the Operating Agreement's Section 5.03(a), Mr. Davis is identified as one of the Company's Class "A" Managers.

43. Mr. Davis and BD Landmark Holdings, LLC, own 116,150 Class "A" ownership Units in the Company.

44. The Operating Agreement states that no manager "will be liable to the Company or any Member for an act of omission done in good faith to promote the Company's best interests, unless the act or omission constitutes gross negligence, willful misconduct or a knowing violation of law." See Second Operating Agreement at Article 5.07(b).

45. In performing his duties, Mr. Davis is entitled to rely in good faith on information, opinions, reports, or statements in executing his duties as a manager. See Second Operating Agreement at Article 5.07(b). This same provision governed Mr. Davis' performance of his duties at XanGo under the first Amended and Restated Operating Agreement.

46. The Second Operating Agreement imposes specific obligations upon managers like Mr. Davis regarding confidential information.

47. According to Article 8.01(b), "Confidential Information" includes information regarding: (1) the operation of the business; (2) marketing, sales, financing, construction and development plans; (3) strategies and techniques; (4) potential development sites and projects; (5) marketing research; (6) designs, drawings and formulas; (7) financial data; (8) the identity of actual or potential suppliers, contractors, subcontractors, financing sources, distributors, buyers, and other customers, and other business contacts; (9) technology; (10) trade secrets; and (11) other proprietary business information.

48. According to Article 8.01(d), all managers agree that all "trade secrets and other Confidential Information relating to the [Company] that is provided to . . . Managers is provided or revealed in trust and confidence for their use solely in connection with the [Company] for the benefit of the Company." According to this article, all managers agreed to abide by "restrictive covenants" outlined in Article 8.

49. Article 8.01(f) states that "each Manager represents and agrees that he possesses special skills and expertise and that the value of the Company depends to a significant degree on his use of such skills or experience."

50. Article 8.02 of the Operating Agreement sets forth several specific restrictive covenants. According to these restrictive covenants, Mr. Davis "warrant[ed], agree[d] and covenant[ed]," among other things, that:

a. "He will not at any time or in any manner, either directly or indirectly, (A) divulge, disclose, or communicate to any person any Confidential Information concerning any matters affecting or relating to the Business, or (B) use in any manner whatsoever Confidential Information concerning any matters affecting or relating to the Business other than for the exclusive benefit of the Company, unless such disclosure or use is authorized in writing by the Company";

b. "He will keep all Confidential Information secret and confidential and take all measures necessary to maintain the confidentiality, secrecy, and security of all Confidential Information"; and c. "He will not use any Confidential Information to the detriment of the Company".

51. According to Article 8.02(b) of the Operating Agreement, Mr. Davis also agreed that "each item of Confidential Information relating to the Company is important and material to the Company, and that the disclosure of such Confidential Information could or will cause the Business or the Company to suffer irreparable injury."

52. Article 8.02(c) states that "[t]he obligations of each Member and Manager under this Article 8.02 shall continue in full force and effect for a period of five years after the date he ceases for any reason to be a Member or Manager of the Company."

53. Article 2.08 of the Operating Agreement states that "the Company shall be under no obligation to redeem or reacquire the Units of any Member prior to Dissolution of the Company" absent an agreement to the contrary.

54. Article 3.09 of the Operating Agreement states similarly that "the Company may, but need not, redeem and purchase from the [dissociated] Member . . . all or any portion of the Member[`] Redeemable Units . . . ."

F. Mr. Davis fails to properly register the Company's product in Europe.

55. Shortly after its launch in the United States, XanGo set out to do business in Europe.

56. To this end, Mr. Davis was put in charge of the Company's international operations, which included properly registering XanGo's products with the appropriate authorities.

57. Mr. Davis had asserted he had prior international experience and knowledge relating to product registration, and agreed in the Second Operating Agreement that he possessed such expertise.

58. In January 2004, under the direction and strategy of Mr. Davis, XanGo launched its products into the European Union ("EU") beginning with the UK market.

59. In order to legally conduct business in the EU, companies like XanGo are required to comply with registration requirements specific to their product and consistent with all Member States markets.

60. The countries in the EU can reject the sale of products within their borders if a product is not properly registered, as well as bring legal actions against a company and its distributors if their products being sold in the EU are not properly registered.

61. Mr. Davis set the EU product registration strategy when the Company opened the first market in the EU, the UK market. Decisions to expand internationally were approved by the Board. The Board relied on Mr. Davis regarding questions of how, when and why to expand and the registration of products.

62. Under his leadership role as VP of International Relations and legal counsel for the Company, Mr. Davis advised the Company to expand into its second EU market, Germany.

63. To make sure XanGo's products were properly registered according to governing EU law, XanGo sought outside regulatory and legal advice.

64. An outside law firm advised Mr. Davis as to established EU law, and advised the Company to register the product as a "novel food" under the EU's novel food regulation.

65. Mr. Davis ignored and rejected the advice of the outside law firm and instructed XanGo to not register the product as a "novel food" because, based on his limited experience of a competitor he used to work for, registering as a "novel food" would be too expensive, take too much time and was difficult.

66. As a direct and proximate result of Mr. Davis' rejection of outside legal advice, and direction to not register as a "novel food," XanGo has incurred millions of dollars in lost sales in the EU, the loss of distributors in the EU, and has been required to expend millions of dollars on attorneys' fees in Germany, Switzerland, Austria and Italy, responding to lawsuits and investigations.

67. The first of the European lawsuits challenging Mr. Davis' decision to not register the Company's product as a "novel food" was filed in Germany in December 2006, only three months after opening the market. A subsequent lawsuit was filed in Germany in March 2007, only six months after opening the market.

68. Both lawsuits resulted in multiple rulings against the Company, whereupon XanGo appealed to the German Supreme Court.

69. During this time, XanGo continued to expand throughout the EU using the same product registration strategy.

70. In September 2010, XanGo's product registration was again challenged by the Italian Ministry of Health. For the next nine months XanGo had to aggressively defend against these allegations.

71. Mr. Davis had acted with gross negligence in failing to properly register the Company's product in the EU. Recognizing his gross negligence in registering the Company's product in the EU, Mr. Davis attempted to control the damage of his actions by purchasing expensive gifts for the top distributors in Germany, as well as flying the top German distributor to the United States. He also flew to Italy to meet with authorities to defend the Company's product registration.

72. In 2011, XanGo had no other viable option but to begin to replace, at great cost and expense, its product throughout the EU. In addition, XanGo spent substantial sums of money to correct the registration errors and deficiencies caused by Mr. Davis's incompetence.

G. Mr. Davis demands XanGo buy him out or be sued.

73. In 2012, a major falling out occurred between Mr. Davis and other members of the Company's board of managers.

74. The genesis of this falling out was Mr. Davis' discussion with Aaron Garrity and other board members requesting that if he were to leave for an LDS mission, would the Company still pay his salary, which was an identical six figure salary as his partners.

75. This request eventually morphed into a demand by Mr. Davis that XanGo do one of three things: redeem all of his membership units, agree to be bought out by Mr. Davis, or be sued the way it was sued in the Prior XanGo Litigation, which he threatened to do to "destroy the company."

76. These threats were made by Mr. Davis personally and through his attorney, James Harward. Mr. Davis is "of counsel" and is listed as an "International Expert" at Mr. Harward's law firm in Sandy, Utah.

77. Mr. Davis stated on more than one occasion during this time that he was either going to "run the company or be done with it."

78. At the time these demands were made by Mr. Davis, Mr. Davis was a member of XanGo's board of managers.

79. At the same time Mr. Davis made these demands, he moved his belongings out of his executive office suite at XanGo, and refused to engage meaningfully with the Company. Mr. Davis also began to increase his spending patterns significantly, even though his contributions to the company were minimal. Some of Mr. Davis's suspect charges included extensive cell phone charges for unrelated personal businesses. Mr. Davis also used the Company's resources for purposes of assisting his daughter's boyfriend in legal situations.

H. XanGo terminates Mr. Davis' employment.

80. As a result of Mr. Davis' actions, the Company terminated Mr. Davis' employment.

81. In connection with terminating his employment, XanGo removed Mr. Davis' company credit card privileges.

82. This action upset Mr. Davis, as he had used his company credit card for years to charge personal expenses to the company.

83. As a result of his employment terminating, Mr. Davis' ownership interest in the Company became that of a dissociated member, precluding him from voting or otherwise participating in the governance of the Company, or from receiving information concerning the Company's affairs or inspecting the Company's books and records. See Second Operating Agreement at Art. 3.08(a) and (b).

I. Mr. Davis damages Company relations with Distributors and Employees.

84. Since his termination as an employee, but while still maintaining obligations as a member of the board of managers, Mr. Davis has communicated with several of the Company's top distributors and employees.

85. During these communications, Mr. Davis has told distributors and employees that he is no longer affiliated with the Company, and that the Company is destined to fail.

86. Distributors with whom he has communicated include top leaders in numerous markets, or were either close friends or otherwise had a special relationship with Mr. Davis, including a relationship of trust or other emotional relationship.

87. In addition to sharing confidential information with distributors and employees, and disparaging the Company to those distributors and employees, Mr. Davis engaged in inappropriate relationships with multiple distributors, and otherwise engaged in conduct that damaged the Company and distributor relations with the Company.

88. In one instance, a female distributor violated policies and procedures and was suspended by XanGo as a result.

89. Complaints were made with the Company alleging that this distributor was saying she had a special relationship with Mr. Davis. These allegations were causing great disruption in the downlines.

90. This same suspended distributor shared detailed financial information relative to the Company's worldwide sales that she could have only learned from a top-level executive or member of the board.

91. Concerned about the statements, one of Mr. Davis' co-managers asked Mr. Davis about the allegations, whereupon Mr. Davis grabbed the board member by the shoulders and physically removed him from his office, stating "its been taken care of."

92. In another instance, another female distributor received inappropriate personal communications from Mr. Davis.

93. Mr. Davis spent company money purchasing flowers, gifts, and birthday presents for this distributor.

94. Mr. Davis has also shared confidential information about the Prior XanGo Litigation with distributors and employees.

95. These communications were not necessary to the Prior XanGo Litigation, and constituted a breach of Mr. Davis' obligations as a board member and attorney.

J Mr. Davis discloses confidential financial information to a competitor.


96. In late 2012, upon receiving confidential financial information as a board member, Mr. Davis spoke with a top-level executive at a competitor.

97. In that conversation, Mr. Davis told the competitor that "the Company was a sinking ship and he was getting out," that XanGo management could not be trusted, and disclosed XanGo's financial performance.

98. This conversation occurred shortly after Mr. Davis had met with the Company's controller and reviewed confidential and detailed sales and valuation information.

99. The confidential financial information was shared with Mr. Davis in his fiduciary capacity as a board member of XanGo, and in receiving this information, Mr. Davis was obligated to maintain its confidential nature.

100. On one or more occasions, Mr. Davis also referred highly valuable distributors to competitors instead of his own Company.

101. The actions of Mr. Davis as alleged herein have been grossly negligent or constitute willful malfeasance. Indeed, Mr. Davis' actions as alleged herein were taken in order to force the Company into buying him out of the Company for an over-inflated price.

K. Mr. Davis files a frivolous lawsuit in an attempt to extort funds from the company.

102. In May 2013, Mr. Davis filed a separate lawsuit against the founders in an unfounded attempt to extort an unreasonable buyout of his membership interest. Ironically, Mr. Davis has now hired the very attorneys who sued him in the prior litigation with Angel Investors and is now taking positions that flatly contradict his earlier testimony and statements that were made under oath in the earlier legal proceedings.

103. For example, Mr. Davis' new lawsuit now criticizes the Company's culture of founder giving, a practice which the founders use to incentivize and motivate those individuals who contribute to XanGo's extraordinary growth and financial success. Mr. Davis has previously testified regarding his participation in the development of the company's culture, the sound business reasons for this approach, and the personal benefits he obtained as a result of the Company's corporate culture. Now, however, Mr. Davis has publicly disclaimed the Company's historical practice in an effort to harm the company and its reputation.

104. Interestingly, Mr. Davis has not returned any of the personal items or the benefits he received as a result of the Company's cultural practices.

105. Likewise, Mr. Davis has also made a number of false and misleading allegations regarding the Company's financial condition in an effort to disparage the company and its economic growth. The statements, again, contradict his prior testimony that was given under oath and are intended to damage the company's reputation.

FIRST CAUSE OF ACTION Intentional Interference with Business Relations

106. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

107. The Company has and/or had a valid business relationship and expectancy with  the employees and distributors and/or customers that Mr. Davis has contacted.

108. Mr. Davis was aware of the Company's valid business relationship and expectancy with such employees, customers and/or distributors.

109. Mr. Davis was aware of these employees, distributors and/or customers as a direct result of his longtime association with and work on behalf of the Company.

110. Mr. Davis used improper means, including, but not limited to, using confidential and proprietary information and/or trade secret information to contact the Company's distributors and employees.

111. Mr. Davis compounded his malfeasance by falsely alleging that the Company is going to fail and otherwise impugning the Company's reputation and goodwill.

112. Mr. Davis's further improper means included, as described below, violating his fiduciary duties to the Company.

113. Mr. Davis intentionally interfered with the Company's business relationships and the Company's expectancy in continued relationships by greatly reducing if not eliminating the Company's ability to effectively and to the greatest extent possible market its products through the downline organizations established and/or maintained by the individuals Mr. Davis contacted.

114. As a direct and proximate result of Mr. Davis's unlawful interference, the Company has lost current distributors and customers. It has also lost the distributors that, if not for Mr. Davis's actions, would have become part of the downlines established and/or maintained by the individuals that Mr. Davis has contacted.

115. The Company has not been able to determine the dollar value of this injury, particularly given that the Company is not aware of all of Mr. Davis's activities or of the effects such activities have had upon the Company's distributors and/or customers. Thus, the dollar amount of these damages will be determined at trial.

SECOND CAUSE OF ACTION Breach of Contract

116. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

117. The Second Operating Agreement constitutes a valid and enforceable contract.

118. As outlined above, Mr. Davis is obligated under, among other things, Articles 8.02 and 8.03 of the Operating Agreement to protect the Company's confidential information and trade secrets, and not to take any actions that would injure or not benefit the Company.

119. Mr. Davis agreed that he possesses expertise and special knowledge in relation to international relations, and that he will use such expertise and special knowledge to promote the best interests of the Company.

120. Mr. Davis has violated his contractual obligations under the Second Operating Agreement.

121. The Company, on the other hand, and all other members and managers of the Company have complied with their obligations under the Second Operating Agreement.

122. Mr. Davis's actions have injured the Company in an amount to be determined at trial.

123. By signing the Second Operating Agreement, as well as signing other confidentiality agreements, Mr. Davis has admitted that the disclosure of confidential and trade secret information damages the Company.

THIRD CAUSE OF ACTION Breach of Fiduciary Duties as Member of Board

124. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

125. Under Utah law, directors and officers of business entities such as the Company owe fiduciary duties to the company for which they are officers or directors.

126. Among those fiduciary duties are, among other things, duties: (1) of loyalty; and (2) to use their ingenuity, influence, and energy, and to employ all the resources of the corporation, to preserve and enhance the property and earning power of the corporation, even if the interests of the corporation are in conflict with their own personal interests.

127. Thus, according to the Utah Supreme Court, any action on the part of directors looking to the impairment of corporate rights, the sacrifice of corporate interests, the retardation of the objects of the corporation, and the destruction of the corporation itself, are regarded as flagrant breaches of trust on the part of the directors engaged therein.

128. Furthermore, it is the duty of a director to protect the company, to discharge his/her duties vis-à-vis the corporation in the utmost good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner the director or officer reasonably believes to be in the best interest of the corporation.

129. As outlined above, Mr. Davis has violated his fiduciary obligations to the Company.

130. Mr. Davis' breaches include, but are not limited to:
(a) contacting distributors and trying to convince them to abandon the Company; (b) telling distributors, employees, competitors and others that the Company was failing; (c) sharing and disclosing confidential and trade secret information regarding XanGo's business, including information relating to downlines; (d) using the Company's trade secret and confidential information regarding downlines to identify and locate individuals whom
he then contacted and to whom he spread injurious falsehoods regarding the Company; and (e) using the threat of litigation and disclosure of information to extort the Company into capitulating on his unreasonable buy
out options.

131. Mr. Davis's breaches have damaged the Company in an amount to be proven at trial.

132. By signing the Operating Agreement, Mr. Davis has already admitted that the disclosure of confidential and trade secret information damages the Company.

FOURTH CAUSE OF ACTION Expulsion of Member Pursuant to Utah Code Ann. §48-2c-710(3)

133. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

134. As a member of XanGo, Mr. Davis has engaged in wrongful conduct that adversely and materially affects XanGo's business.

135. Mr. Davis has willfully and persistently committed a material breach of the Second Operating Agreement and his duties owed to XanGo.

136. Mr. Davis has engaged in conduct relating to XanGo's business which makes it not reasonably practicable for XanGo to carry on its business with Mr. Davis as a member.

137. The Court should determine that Mr. Davis has engaged in the above-referenced conduct, and, pursuant to Utah Code Ann. § 48-2c-710(3), expel Mr. Davis and/or BD Landmark Holdings, LLC as a member of XanGo.

FIFTH CAUSE OF ACTION Legal Malpractice-Negligence
 

138. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

139. An attorney-client relationship existed between XanGo and Mr. Davis.

140. As detailed herein, Mr. Davis acted negligently and engaged in legal malpractice in his representation of XanGo's interests.

141. The acts of legal malpractice include, but are not limited: (a) failure to draft an original operating agreement governing relations between investors in Xango; (b) failure to communicate with and advise XanGo relative to the legal implications of not having a signed original operating agreement; and (c) failure to properly communicate with and/or advise XanGo on the creation of membership interests in XanGo.

142. The acts and failures to act described herein constituted a failure to use the same degree of care, skill, judgment and diligence used by reasonably prudent attorneys under similar circumstances.

143. The acts and failures to act described herein were the actual cause of injury and harm to XanGo, in that but for Mr. Davis' malpractice in failing to properly advise XanGo and in engaging in other negligence in relation to the original operating agreement, the Prior XanGo Litigation as it related to membership interests of minority investors would have been avoided.

144. The acts and failures to act described herein were the proximate cause of injury and harm to XanGo in that a reasonable likelihood exists that the claims in the direct action in the Prior XanGo Litigation would have been avoided and altogether dismissed with prejudice.

145. As a direct and proximate result of Mr. Davis' acts and failures to act as detailed in this Complaint, XanGo has suffered significant monetary losses and actual damages in an amount to be proven at trial.

SIXTH CAUSE OF ACTION Legal Malpractice-Breach of Fiduciary Duty

146. XanGo incorporates the foregoing paragraphs as if restated in their entirety.

147. As detailed herein, Mr. Davis breached his fiduciary duty to XanGo, including but not limited to: (a) failing to disclose important law to XanGo relative to the creation of membership interests; (b) failing to disclose his own malpractice to XanGo so that XanGo could attempt to address the consequences in a timely and effective fashion; (c) failing to place Mr. Davis' interests above his own at all times and otherwise failing to act with the utmost good faith and undivided loyalty toward XanGo; (d) drafting an operating agreement for XanGo that included provisions that granted him personally a substantial interest in the company and failing to properly disclose conflicts of interest to his client arising from such task; and (e) disclosing confidential communications between attorney and client.

148. The acts and failures to act described herein were the actual cause of injury and harm to XanGo in that but for Mr. Davis' malpractice in mishandling the task of drafting and advising XanGo relative to its original operating agreement, the Prior XanGo Litigation as it related to membership interests of minority investors would have been avoided.

149. As a direct and proximate result of Mr. Davis' acts and failures to act as detailed in this Complaint, XanGo has suffered and will suffer significant monetary losses and actual damages in an amount to be proven at trial.

WHEREFORE, XanGo demands judgment against Mr. Davis as follows:

a. Judgment against Mr. Davis for compensatory and special damages in an amount to be determined at trial. b. Expulsion of Mr. Davis as a member of XanGo pursuant to Utah Code Ann. §48-2c-710(3). c. Attorneys' fees and costs as allowed by Articles 8.06 and 9.13 of the Operating Agreement. d. Any other appropriate relief allowed under the law and equity.
JURY DEMAND
Pursuant to Utah R. Civ. P. 38(b), Plaintiff hereby demands a trial by jury on any issue triable of right by jury.
 

RESPECTFULLY SUBMITTED this 20th day of May, 2013.








PAST XANGO NEWS
Executive LINEUP OLD
  Gary Hollister, Founder, Chairman Emeritus, former Chief Executive, former Chairman of the Board[2]
   Aaron Garrity, Founder, Chairman of the Board, CEO, former President[2]
   Joe Morton, Founder, Board of Directors
   Gordon Morton, Founder, Board of Directors
   Kent Wood, Founder, Board of Directors
   Bryan Davis, Founder, Board of Directors Originally legal affairs

Revenue
XANGO is a privately held company and as such does not publicly disclose its financial statements. Company press releases in 2005-2006 stated that sales totalled $40 million in 2003 and $150 million in 2004,[3] and that 2005 sales were more than twice those of 2004.[4] In October 2007 the company said that cumulative sales since its inception five years earlier were over $1 billion and by November 2008 had exceeded $1.5 billion.[5]

XANGO now operates in 36 countries throughout the world and has over one million distributors.[6]
http://en.wikipedia.org/wiki/XanGo
Editors note: (it is rare for an MLM Company to get such accolades on wikipedia!)

Aaron Garrity, XANGO Founder/Chairman
A Distinguished Strategist: Architect of Brands, Categories and Corporate Culture

Recognized in a Harvard Business Review study as an enterprising innovator along with top executives at Amazon, PayPal and Ebay, Aaron Garrity has invested his career as a socially-conscious entrepreneur, building a multi-billion dollar international company serving nearly two million independent distributors and creating jobs and opportunity, especially in times and areas of economic stress.
http://xangosphere.com/us/press/xango-founders/bio-aaron-garrity-xango-founder-chairman/


Aaron Garrity Rings The Bell At The New York Stock Exchange
http://www.thestockmarketnews.com/stock-exchange-news/aaron-garrity-xango-chairman-of-the-board-at-new-york-stock-exchange-opening-bell


LEHI, Utah, Nov. 30, 2010 /PRNewswire/ -- XANGO, LLC Founder and Board Chairman Aaron Garrity today was ranked in the 2nd spot on the 2010 POWER 50 list of the most influential people in global direct sales by DirectSellingLive.com, a leading industry resource.  DirectSellingLive.com's annual POWER 50 recognizes the people and organizations that have had the greatest impact in direct selling over the past 12 months while moving the business forward by giving back to the industry and world communities through social, economic and environmental efforts.


LEHI, Utah, Nov. 30, 2010 /PRNewswire/ -- XANGO, LLC Founder and Board Chairman Aaron Garrity today was ranked in the 2nd spot on the 2010 POWER 50 list of the most influential people in global direct sales by DirectSellingLive.com, a leading industry resource.  DirectSellingLive.com's annual POWER 50 recognizes the people and organizations that have had the greatest impact in direct selling over the past 12 months while moving the business forward by giving back to the industry and world communities through social, economic and environmental efforts.

Aaron Garrity A Distinguished Strategist: Architect of Brands, Categories and Corporate Culture

Recognized in a Harvard Business Review study as an enterprising innovator along with top executives at Amazon, PayPal and Ebay, Aaron Garrity has invested his career as a socially-conscious entrepreneur, building a multi-billion dollar international company serving nearly two million independent distributors and creating jobs and opportunity, especially in times and areas of economic stress.  Aaron received Ernst and Young’s 2006 Entrepreneur of the Year Award. Utah Business Magazine named him CEO of the Year in 2007. Two years later, he was named one of the most influential people in direct sales. The Harvard Business Review recognized his leadership among the ranks of Michael Dell of Dell Computer and Jeff Bezos of Amazon.   One of the most influential people in his industry he is
Known for his constant drive amidst skyrocketing success, Aaron simultaneously earned a MBA and a Juris Doctorate while managing product launches that reached hundreds of millions in sales for a large multi-national nutrition company.

Garrity sits on the CEO council for WFDSA and the board of directors of the Direct Selling Association (DSA). In 2009 he rang the opening bell on the floor of the NYSE with other industry CEOs. Industry analysts rank Aaron among most influential people in direct sales, placing him at the top of DirectSellingLive.com’s Power 50 list in 2010.

http://www.aarongarrity.com/leadership/

Aaron Garrity Named President & CEO at XanGo - Gary Hollister to Remain Chairman of the Board
Aaron Garrity Named President & CEO at XanGo - Gary Hollister to Remain Chairman of the Board
Lehi, UT, October 17, 2006 --(PR.com)-- XanGo, LLC, recognized creator and market leader of the mangosteen supplement category, today announced that XanGo President Aaron Garrity’s duties will expand to include the role of Chief Executive Officer. This announcement is part of the company’s strategy to move its founding partners into a role of strategic oversight while empowering its senior management team to carry out day-to-day responsibilities. The Utah-based company currently distributes its market-leading product XanGo® Juice in the U.S. and 14 international markets. http://www.pr.com/press-release/20279


AARON GARRITY CEO OF THE YEAR
http://mangosteennation.blogspot.com/2008/03/aaron-garrity-awarded-ceo-of-year-in.html

ANOTHER
http://mangosteennation.blogspot.com/search/label/Utah%20Business%20Magazine


MORE XANGO INFORMATION

XANGO Paves the Path for a New Generation of Direct Sellers
Sep 19, 2011, ET Leading global wellness leader XANGO , LLC is marking nine years as a category-creating, leading brand by making bold strides into its next era of growth, XANGO Founder, Chairman and CEO Aaron Garrity announced to a crowd of nearly 10,000 distributors at its global...
More about this massive event


XANGO Reveals New Global Brand Logo, Launches Next-Era Wellness Products at Global Convention
Sep 16, 2011, Global direct sales company, XANGO, LLC, a category creator in health and wellness, leaped forward into its 10th year of business by revealing an updated brand identity and several innovative natural products at its global GO! Convention in Salt Lake City. The new logo reflects XANGO'S...
XANGO'S Exciting convention details

AmeriCares and XANGO Partner to Deliver Aid for East Africa Famine
Aug 25, 2011, AmeriCares and leading global wellness company XANGO are working together to feed thousands of people suffering from the devastating famine in East Africa with the delivery of XANGO Meal Packs. The first of three shipments left XANGO's Utah warehouse today destined for Kenya, where... Read More

Glimpse® Mineral Treatment Conquers the Sun!
Jun 06, 2011, Leading global wellness company, XANGO, LLC, announces its Glimpse® Mineral Treatment  has undergone extensive UV testing that found it offers SPF 25 and PA+++ protection. Glimpse achieves safe and effective protection for the skin by using Zinc Oxide and botanicals, rather than using... Read More


XANGO Founders, Executives Inaugurate New Office in Mexico City
May 16, 2011, Founders of global wellness leader XANGO, LLC joined with hundreds of Mexican distributor leaders to celebrate the opening of a new state-of-the art office in Mexico City. The office will allow for continued strong growth for XANGO in Mexico where, in just five years, the company...  Read More


From Canyon Trails to Carbon Footprint, XANGO Reaffirms Green Commitment on Earth Day
Apr 22, 2011, TKnown for donning the trademark company orange in most settings, today employees, distributors and executives of global wellness leader XANGO , LLC opted for the color green as part of the worldwide Earth Day commemoration.... Meanwhile, XANGO distributors participated in...  Read More


we have a lot more about Xango but we had a server
crash and are having to dig it out piece by piece!






























http://www.mlmwatchdog.com/mlm_news_Xango_2.html





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