Posts Tagged ‘nastygrams’

Dentist’s demand: yank that Yelp review

Texas: “I’d never trust a dentist who reacts to negative online reviews by having his lawyer threaten the reviewer with criminal charges. Would you?” Complete with a vigorously worded letter, explaining why his client is not planning to take down the review, from attorney Leif Olson of the admirably named Olson Firm in Humble, Texas. [Ken at Popehat]

“Cease and desist” burger

The Underbelly restaurant in Houston offered a “Double Double” burger. When chef Chris Shepherd got a letter from lawyers for the California-based In-N-Out chain, saying it infringed on their similarly named sandwich, he promptly changed the name to “Cease and Desist Burger.” It has sold well, says the restaurant’s marketing manager. [Erica Ho, Time]

“…It was certainly *not* some impulsive, ham-fisted attempt to bully a local resident…”

The township of West Orange, N.J. sends a cease and desist letter to a local political activist who runs the domain westorange.info and gets the following response from attorney Stephen Kaplitt (via Above the Law):

Dear Mr. Trenk:

I am pro bono counsel to Jake Freivald and write in response to your “cease and desist letter,” dated May 13, 2013, regarding his domain westorange.info. Obviously it was sent in jest, and the world can certainly use more legal satire. Bravo, Mr. Trenk! ….

Oh, and just to play along, had you intended for your letter to be taken seriously, even in some small measure, we would have sent in response something along the following lines: …

[several legal points follow about municipalities’ general lack of a right to exclude others from using their names as part of domains]

If you manage to produce supporting authority that even remotely passes the laugh test, I will donate $100 in your honor to the American Civil Liberties Union — N.J. chapter. I plan to make the donation online, assuming the state of New Jersey has not shut down aclu-nj.org.

Ethics roundup

  • “Robo-litigation”: ethical issues of the mass-foreclosure mess [Dustin Zachs, SSRN, via Legal Ethics Forum]
  • Roger Parloff on Chevron counterclaims against Patton Boggs [Fortune] “Judge Grudgingly Lets Donziger’s Lawyers Out Of Chevron Case” [Daniel Fisher; Reuters]
  • Should Australia dilute or abolish the “cab rank” rule? [John Flood via LEF]
  • “Ethical Limits on Civil Litigation Advocacy: A Historical Perspective” [Carol Andrews (Alabama), SSRN; Legal Ethics Forum]
  • “When Is a Demand Letter (Arguably) Extortion?” [John Steele, more, ABA Journal (Martin Singer demand letter threatening to expose target’s sexual indiscretions]
  • Fifth Circuit denies Dickie Scruggs’s latest appeal [YallPolitics]
  • When crowdfunding meets litigation finance, watch out world [Richard Painter]
  • “Judge Orders Prenda Law Group Beamed Out Into Space” [Lowering the Bar, TechDirt]

Free speech roundup

  • Courtesy Stanley Fish, Prof. Jeremy Waldron gets a long, favorable hearing in the New York Times for his let’s-suppress-hate-speech proposals [Opinionator]
  • On the other hand, free speech scores huge victory in Canada as parliament mostly along party lines votes to repeal notorious Section 13 of Canadian Human Rights Act, authorizing private federal complaints over alleged hate speech [Jonathan Kay]
  • “Christian Nation” historical writer and Texas curriculum reshaper David Barton sues critics; don’t let him find out what Ed Brayton keeps writing [Reason]
  • Pennsylvania bill: “Crime for Minor to Post or Send Messages That ‘Emotional[ly] Distress’ Another Minor?” [Volokh]
  • Norfolk, Va. business puts up a big sign protesting eminent domain scheme to seize its property; guess what happens next [Marc Scribner, Open Market]
  • Chris Evans nastygram to Lipstick Alley: Has Hollywood already forgotten about the Streisand effect? [Paul Alan Levy, Mike Masnick/TechDirt] Also at Public Citizen, the dispute over a boilermaker union official’s effort to unmask an online critic has now been settled (earlier);
  • Interesting bank case: “Employer SLAPPed for Suing Ex-Employee” [Shaw Valenza]