October 9th, 2007

Don’t Post This Letter On The Internet!

Public Citizen wants to be sued. Really. They asked for it.

Some lawyer at an outfit calling itself Dozier Internet Law sent a cease and desist letter on behalf of one of its clients, along with this threat:

Please be aware that this letter is copyrighted by our law firm, and you are not authorized to republish this in any matter. Use of this letter in a posting, in full or in part, will subject you to further legal causes of action.

Right. So Public Citizen, after publishing the entire letter on its website, tossed down the gauntlet on behalf of their client with this repsonse:

By this letter, we are inviting you to test the validity of your theory that the writer of a cease and desist letter can avoid public scrutiny by threatening to file a copyright law suit if his letter is disclosed publicly on the internet.

The writer of the original letter, Donald Morris, seems to have clearly done his client a grave disservice with this stupidity. (I mentioned this the other day in my personal injury law round-up, but thought this chuckleheaded conduct needed its own post.) Perhaps his threats have succeeded before, but the result is that the letter, and the claims against his client, are now being re-broadcast across the internet.

And what was the dispute about? Seems his client is a company called DirectBuy, and it has been the subject of negative reviews from contributors to a couple websites. Whether the claims are true or not I have no way of knowing, but now there are certainly more people discussing whether their client, DirectBuy, is a a scam or a rip-off and wondering if they should stay away from them.

Public Citizen, by the way, isn’t the only one who wants to be sued. The full text of the letter can be found at tdaxp.com, and I hate Linux published this Don’t Forget To Sue Me Too demand:

Well hot damn… I think I just violated their copyright as well… and of course for such threats to be meaningful… they have to be willing to make good on them.

With that said… I hereby demand that you Mr. Morris immediately file a copyright infringement suit against Mr. Leonard in this matter and name me as a co-defendant for my blatant disregard for your copyrights in my reproduction of parts of your letter that is marked as “for negotiation and settlement purposes only,” not to mention hosting a full copy of it here, as well as all other persons and groups who reproduced, hosted, discussed, read or thought about any part of this letter.

This blog post puts you on notice that should you refuse to comply with our demands by October 15, 2007, I will have no choice but to recommend that the blogosphere pursue all legal causes of action, including the further reproductions of your letter, to protect its interests and that of all free people in this country who may wish to express an opinion you or your client may not agree with.

Considering that Dozier Internet Law brags that they are “The Lawyers for Internet Business,” they sure did a great job of tripping over their own feet.

And then there is this boast from their site:

John Dozier was interviewed for the news report below in Silicon Valley in August, 2007 and Youtube recognized it with a “most linked to” honor

OK, so now they have another link. Though it might not be what they wanted. And I suspect they’ll get a few more.

[Addendum: More on Dozier v. Public Citizen, and Potential Legal Malpractice]
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(Eric Turkewitz is a personal injury attorney in New York)

Links to this post:

infomercialscams.com owner harrased by an attorney from the dozier
here’s an example of a company and law firm of trying to suppress free speech by using outlandish claims and a variety of threats. if you live in direct buy’s market, you’ve seen their infomercials on your local television station.

posted by amexsux @ January 07, 2008 2:31 PM

2007 dozier internet law google rankings – week 7
dozier continues to throw cash at spam advertising — doorway pages, theory pants, and the rest — in order to prevent googlers from finding out information about the company. still, the fact that some of the spam pages are very,

posted by [email protected] (Dan tdaxp) @ November 28, 2007 12:00 PM

“scofflaw bloggers:” the dozier taxonomy of wicked netizens
dozier internet law is a “cyber law firm”that specializes in litigation related to the internet. for background, see the cuppy’s coffee and directbuy case studies. however, as “cyber lawyers” the guys at dozier clearly pay a lot of

posted by [email protected] (Dan tdaxp) @ October 23, 2007 11:20 PM

Dozier Internet Law: Toothless Cowards?
It’s now been nearly 2 weeks since I demanded that Dozier Internet Law file suit against me for my alleged copyright infringement in republishing part of the full text of their C&D letter directed to Infomercial Scams.

posted by Brendan @ October 21, 2007 3:29 PM

dozier: the cybertrolllawyer firm
a magyar “internetjogászokról” szoktam rendszeresen szépeket irogatni ide, de közel sem magyar sajátosságról van szó. külföldön is megjelentek már egy ideje az internetspecialisták, akiknek sokszor lövésük sincs az egészről.

posted by Caracalla @ October 19, 2007 3:02 PM

dozier internet law: a vector for viruses?
dozier internet law (a firm that engages in strategic lawsuits against public participation — see case studies on cuppy’s coffee, directbuy, and inventor-link) is attempting to prevent users from examining code that dozier executes on

posted by [email protected] (Dan tdaxp) @ October 19, 2007 8:05 AM

how not to write a cease-and-desist letter: comparing the dozier
do you want to have your reputation ruined, pay a million dollar fine, and in general tick everyone off? if so, dozier internet law is the law firm for you! but if the thought of being in the presence of “super lawyer” john “bull”

posted by [email protected] (Dan tdaxp) @ October 16, 2007 8:26 AM

beyond the gates of bizarro land
if you had any doubt about the good sense of dozier internet law, read this comment. here’s the first paragraph: first, you seem to think that us law will govern this copyright matter. it likely will not.

posted by [email protected] (Dan tdaxp) @ October 15, 2007 3:50 PM

the daily memo – 10/15/07
“does the supreme court still matter?” (time). my, justice scalia, what a large gavel you have! (supreme dicta). a texas personal injury lawyer has started running tv adds questioning the credentials of a competitor pu lawyer. (law.com)

posted by Seth @ October 15, 2007 2:40 PM

blawg review #130
northern hemisphere edition of blawg review #130 welcome to blawg review #130 — the northern hemisphere edition! this is part 2 of a globe-trotting edition of blawg review, the weekly review of legal blogging hosted each week by a

posted by Diane Levin @ October 15, 2007 12:01 AM

practical blawgosphere: the dozier demand scam
while this has floated around blawgs as the joke of the week, i wanted to make sure that my amigos in the practical blawgosphere were alerted to the dozier demand scam, as noted by my good buddies, the turk at new york personal injury

posted by SHG @ October 14, 2007 4:45 AM

Dozier Internet Law: Running an extortion racket?
When thinking about the ongoing dispute over the unprofessional actions of Dozier Internet Law… I think back to an old Monty Python episode and the the army protection racket sketch: Dino: Oh see my brother’s clumsy colonel,

posted by Brendan @ October 13, 2007 1:49 AM

ars doziera
ars technica, a popular website on the technical arts that includes breaking news, user forums, and other features, prominently features the dozier internet law / directbuy scandal by comparing it to another bizarre lawsuit.

posted by [email protected] (Dan tdaxp) @ October 12, 2007 10:55 AM

nastygram: don’t you dare post this nastygram on the web
ted has briefly mentioned (oct. 8) the recent doings of an outfit called dozier internet law, whose cease and desist letter to a consumer-complaint site not only demanded that the site take down certain statements about dozier’s client,

posted by @ October 12, 2007 1:06 AM

free speech and copyright
free speech and copyright issues: could copyright laws and/or conventions be considered a type of protection of free speech, or a method ensuring the protection of free speech? the thought occurs to me after reading many commentaries on

posted by @ October 11, 2007 3:18 PM

more blog reactions to the directbuy / dozier internet law scandal
aside from my initial post, the blog reactions to directbuy and dozier internet law i have posted have all been before public citizen and slashdot got into the debate. (for the background of the story, check out my preliminary case

posted by [email protected] (Dan tdaxp) @ October 11, 2007 12:54 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,

posted by @ October 11, 2007 12:52 PM

lawfare and public participation (does dozier know better? should it?)
posted by dan tdaxp. i am confused. what happened at first at least made sense. three blogs (i-blog, i-ratings, i-scams) criticize directbuy. directbuy hires a lawyer, dozier internet law. a lawyer sends a threatening letter (excerpts,

posted by @ October 11, 2007 12:52 PM

how not to handle negative feedback: a preliminary case study of
this is a developing news story. facts are subject to change without notice ! ! dozier internet law, “cyber trail lawyers,” is a law firm founded by john w. dozier, jr. in virginia. they were prominently featured in an excellent article

posted by [email protected] (Dan tdaxp) @ October 11, 2007 10:05 AM

directbuy spam: the good, the bad, the strange, and the ugly
earlier today i described a typical directbuy spam website. further investigation that spam is playing a larger role in the propagation of directbuy in the wake up dozier internet law’s incompetent bullying on their behalf than i

posted by [email protected] (Dan tdaxp) @ October 10, 2007 7:13 PM

Copyright, or Copysquash like a bug
The World Wide Web has surely opened up access to otherwise difficult-to-access texts and has necessitated a rethinking of copyright law (Copyleft seems an interesting alternative because it’s at the same time the complete opposite of

posted by PrimroseRoad @ October 10, 2007 2:09 PM

what is dozier internet law’s donald e. morris’s motive?
i am not a lawyer. but i am interested in law, and two posts at new york personal injury attorney deserve mention. both relate to dozier internet law, the lawyers for directbuy that sent a copyrighted cease-and-desist letter to a blog

posted by [email protected] (Dan tdaxp) @ October 10, 2007 7:29 AM

what the mainstream media was already saying about directbuy
directbuy, before sicking the hounds (and copyrighted c&d’s) via dozier internet law, was a company that received mixed reviews from the blogosphere. even more interesting, though, is the negative reviews direct buy has earned from the

posted by [email protected] (Dan tdaxp) @ October 09, 2007 1:25 PM

copyrighted cease and desist letters
has anyone heard of copyrighted cease and desist letters before dozier internet law slapp’d infomercial scams with one (and public citizen stood up for speech)? the only google result for “copyrighted cease and desist” comes from legal
posted by [email protected] (Dan tdaxp) @ October 09, 2007 12:42 PM

 

September 27th, 2007

Bill Clinton "Counselor" Is Not Licensed New York Attorney

The story broke yesterday in the local press about the threatening letter that Clinton’s attorney had sent to the owner of Osso Buco about Chelsea’s picture in the window. Being a local legal story, albeit a type I don’t usually cover, I blogged it. The letter contained the demand it being taken down, with this “or else” threat: “We reserve the right to exercise any and all options available to us if you refuse to comply.”

I had referred to the letter writer as an attorney, since that was the way the New York Post had referred to Douglas Band, who had signed it. (The Post again refers to Band as an attorney today.)

A copy of the letter is at The Smoking Gun, and with it, Band’s signature as “Counselor to President Clinton.”

The story has now been picked up by many other bloggers (Above The Law, Volokh, Althouse).

It turns out that Douglas Band is not an attorney, or at least not one in the State of New York. I checked both the Office of Court Administration web site and, in case that was in error, the “red book” (New York Lawyers Diary and Manual — Bar Directory of the State of New York) that sits on my bookshelf.

It turns out Band was a former White House intern and Bill Clinton’s longtime personal assistant, according to New York Magazine.

Whether the letter was meant to be deliberately misleading, coming from a “counselor” with its implied threat of litigation, or was just inadvertently misleading, I will leave to the reader to decide.

“The Letter,” by the way, is now in the window of the eatery.

(Eric Turkewitz, on the other hand, is licensed to practice law in New York)

 

September 26th, 2007

Bill Clinton Threatens Action Over Chelsea Photo in Restaurant

If a celebrity’s photograph with a restaurant owner hangs in the window of the eatery without the individual’s permission, is it an unauthorized commercial use of the image? Yes, according to former President Bill Clinton, who has demanded that a photograph of his daughter with the owner, that has been hanging in the window of Osso Buco for five years, be taken down. Clinton’s attorney has written on official William Jefferson Clinton letterhead, “We reserve the right to exercise any and all options available to us if you refuse to comply.”

The letter goes on to say:

“Ms. Clinton, a private citizen, was not consulted prior to this picture being displayed, and thus, her permission was not given for you to do so. While she may have dined at your restaurant, this does not serve as an endorsement. We ask that you immediately remove that picture and any and all pictures displaying Ms. Clinton.”

This type of suit isn’t my bailiwick, but so I sure would be interested in knowing what the actual answer is.

I would add, of course, that a simple request from the frequent customer, Chelsea, should have accomplished this goal.

Addendum: Bill Clinton “Counselor” Not A Licensed New York Attorney

(Eric Turkewitz is a personal injury attorney in New York)

 

July 25th, 2007

NYS To Appeal Decision Ruling Atty Advertising Rules Unconstitutional

Just one day after a federal judge ruled large parts of New York’s new attorney advertising rules unconstitutional, the State of New York has said it will appeal. Given what I thought were some particularly empty arguments in the briefs by the State, as opposed to those raised by Public Citizen on behalf of itself and an upstate law firm, I find this surprising.

In a squib in today’s New York Law Journal:

Court System Seeks to Appeal Ruling Faulting Some Ad Rules

The state will appeal a federal judge’s ruling that some new attorney advertising rules violate lawyers’ free speech rights. Michael Colodner, counsel to Chief Administrative Judge Ann T. Pfau, said yesterday that court administrators have asked Attorney General Andrew Cuomo to appeal Northern District Judge Frederick J. Scullin’s decision in Alexander & Catalano v. Cahill, 07 Civ. 117 (NYLJ, July 24). Mr. Colodner said Mr. Cuomo’s office will also be asked to move for a stay of a permanent injunction Judge Scullin issued prohibiting the enforcement of portions of the advertising rules he found unconstitutional. The rules, unveiled by the four presiding Appellate Division justices last June and which took effect Feb. 1, are designed to dignify advertisements by lawyers and to prohibit them from promising to deliver monetarily for clients. Judge Scullin ruled the state had failed to show that barring more flamboyant advertising, such as that done by attorneys who dub themselves ‘heavy hitters,’ would protect the public from misleading attorney promotions. He also observed that less restrictive steps like adding disclaimers at the end of ads might be just as effective as blanket prohibitions of certain kinds of content in the advertisements. New York State Bar Association President Kathryn Grant Madigan said in a statement yesterday that the group agrees with Judge Scullin and wants to work with the appellate divisions to ‘develop rules that strike an appropriate balance within the constitutional framework.’

See also:

Nicole Black at Sui Generis has a huge number of blog postings on this subject going back to June 15, 2006, which can be found at this link: NY Lawyer Advertising Rules.

Greg Beck, the lead lawyer at at Public Citizen that handled the matter, wrote this up the other day, at this link: New York’s Attorney Advertising Rules Held Unconstitutional

Some of my own blog postings on the subject follow, for those that want more:


Addendum 7/27/07
Upset of Few Attorney Advertising Rules Could Signal Return of ‘Heavy Hitters’ (NY Law Journal via Law.com)

(Eric Turkewitz is a personal injury attorney in New York)

 

July 23rd, 2007

NY Advertising Rules Found Unconstitutional By Federal Judge

Breaking news from Public Citizen, which brought a suit to have New York’s new attorney advertising rules held unconstitutional:

PUBLIC CITIZEN PRESS RELEASE

New Lawyer Advertising Rules in New York Violate Free Speech, Federal Court Rules

Public Citizen Wins Injunction Against Unconstitutional Rules

WASHINGTON, D.C. – New rules governing lawyer advertising that took effect in New York on Feb. 1 cannot be enforced because they violate the First Amendment right to free speech, according to a ruling issued today by a federal court in New York.

The U.S. District Court for the Northern District of New York ruled in favor of Public Citizen’s request for an injunction against many of the new rules. The organization represented its members and attorney James L. Alexander and his law firm, Alexander & Catalano. The New York firm was forced to change its advertisements to comply with the more restrictive rules.

The new guidelines were part of a revision of the rules contained in New York’s Code of Professional Responsibility for lawyers, which is designed to protect consumers by prohibiting false and misleading lawyer advertisements. Public Citizen contended in its lawsuit that the rules’ broad language unconstitutionally prohibited truthful communication of information about legal services to New York consumers. The court heard oral argument on June 18.

In a victory for First Amendment rights, the court permanently enjoined enforcement of most of the challenged rules against attorney advertising, including rules against attention-getting techniques, the use of nicknames and mottos, the use of client testimonials, the portrayal of judges and the use of Internet pop-up ads.

“The New York rules went too far in imposing burdensome restrictions on legal free speech that do not protect consumers,” said Greg Beck, an attorney for Public Citizen who litigated the case. “The court rightly recognized that the First Amendment prevents states from arbitrarily restricting advertising just because some may find it distasteful.”

In today’s ruling, the court held that the advertising at issue in the case was a form of speech protected by the First Amendment, and it categorically rejected New York’s argument that advertising considered by the state to be trivial or irrelevant was not covered by free speech rights. It noted that the state had not produced any evidence that its restrictions on speech were necessary to protect consumers and found that the prohibitions were much broader than necessary to accomplish the state’s claimed objectives.

Public Citizen also challenged the rules’ application to non-commercial speech, such as offers by lawyers to represent clients without a fee in civil rights cases. And in what amounted to another victory for free speech, the court construed the challenged amendments not to apply to nonprofit attorneys.

“The main beneficiaries of this decision are New York consumers,” Beck said. “Truthful advertising promotes healthy competition between lawyers and allows the public to learn about their rights and available legal services.”

To read the decision, visit http://www.citizen.org/documents/alexanderorder.pdf.

To read Public Citizen’s lawsuit and other materials in the case, visit http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=358.

To read more about this issue, visit the Consumer Law & Policy Blog, co-sponsored by Public Citizen’s Consumer Justice Project, at http://pubcit.typepad.com/clpblog/advertising/index.html.

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Addendum:

My own couple of thoughts:
The state briefs were very weak, and it comes as no surprise that those portions of the new advertising rules that dealt with the content of the advertisements were struck down. It should be noted, however, that the 30-day rule was upheld, prohibiting solicitations within 30 days of a mass tort. (Edit: Links to many of my pre-decision comments can be found off the first link of this post.)

The court had an interesting footnote at the end of the opinion. Why this was buried in a footnote, however, is beyond me:

In sum, the Court notes that it is altogether appropriate for the Appellate Division of the State of New York, having been charged by law with the responsibility of overseeing the professional conduct of attorneys admitted to practice before the courts of New York, to be concerned with the issue of attorney advertising. Without question there has been a proliferation of tasteless, and at times obnoxious, methods of attorney advertising in recent years. New technology and an increase in the types of media available for advertising have exacerbated this problem and made it more ubiquitous. As a result, among other things, the public perception of he legal profession has been greatly diminished. Although the Court finds it commendable that the Appellate Division of the State of New York and the disciplinary committees that function on its behalf pursue ways to regulate the manner and means by which attorneys who choose to advertise may do so, they must be mindful of the protections such advertising has been afforded and take the necessary steps to see that the regulation of such advertising is accomplished in a manner consistent with established First Amendment jurisprudence.

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2nd Addendum:

More blogs/news on the subject: