8.)
Consistent with its majority ownership interest, the Florida Fund controls a majority of the seats on the ATGF board of directors. Seven of the thirteen seats on the ATGF board belong to the Florida Fund. At all times relevant to this case, Charles Kovaleski, President of the Florida Fund, has simultaneously served as chairman of ATGF's board. As chairman of ATGF's board, Kovaleski had general *1193 authority over the business affairs of ATGF subject to control by the board. (Pls.' Opp'n. to S.J. at 49.) At all times relevant to this case, Brian Coleman was ATGF's Executive Vice President, and the highest ranking ATGF officer in Utah. (Pls.' Ex. 55, Harrison Dep. ¶ 6.) In that capacity, Coleman supervised and directed the activities of ATGF agents in Utah.he continued to be concerned about McAllister's business dealings. (Id. at 250.) Harrison then asked if it would help if he fired McAllister. Coleman said it would. (Id.) Harrison fired McAllister by the end of September 2000. (Id. at 251.)
In November 2000, Coleman became aware of yet another placement agreement involving Harrison's office. On November 20, 2000, Coleman sent Harrison a letter referencing the new placement agreement and asking Harrison to "follow up" on the matter and contact him. (Pls.' Ex. 77, Coleman Letter 11/20/00.)
Shortly thereafter, in December 2000, Coleman became aware that the door to McAllister's new office had a sign saying that he was an agent for Attorneys' Title. Coleman called Harrison asking what involvement Harrison continued to have with McAllister, and Harrison acknowledged that they