Category Archives: Michigan (MI)

2017 Malibu Media – Which Attorneys Filed Cases and Where?

MALIBU MEDIA, LLC APPEARS TO BE FOCUSING MOST OF THEIR FUNDS ON THREE OF THEIR ATTORNEYS WHO ARE FILING A MAJORITY OF THE LAWSUITS. THESE LAWSUITS ARE BEING FILED IN THE NEW YORK ‘TRI-STATE’ AREA (NY/NJ/CT) AND TEXAS.

If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:
1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements

[FOR IMMEDIATE CONTACT WITH AN ATTORNEY: Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.  To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.]

WHICH ATTORNEYS ARE FILING MOST OF THE MALIBU MEDIA, LLC LAWSUITS?

Jacqueline M. James in NY/CT (78), Pat Cerillo in NJ (38) and Andrew Kumar / Michael Lowenberg of the Lowenberg Law Firm in TX (42).

What is the relevance of these three attorneys?

JACQUELINE JAMES (NY, CT)

Jacqueline James (“Jackie”) has been filing lawsuits for Malibu Media, LLC since 2015. She is not one of the “original” copyright trolls (Malibu Media, LLC has been filing lawsuits since 2/20/2012 [based on my first contact with them]). However, Jackie is more than willing to start fights with judges and other attorneys, and she has needed to change how she files her lawsuits and how she interacts with John Doe Defendants and even how she treats other attorneys because she has developed a reputation where the word “harassment” has been thrown around more than a few times.

2018 UPDATE: Jackie James is no longer representing Malibu Media, LLC.  While we were opponents on many cases, I did get to know her (as much as was possible).  In hindsight, she has always been tough when negotiating a settlement, but she has always been fair (to the extent any of these cases are “fair”).  The biggest change in my view of her happened when she stopped representing Malibu Media, LLC.  Malibu has many issues, and in my opinion, they suffer from a lack of a moral compass.  My view of Jackie changed for the better when I learned that she decided to no longer represent Malibu as their attorney.  That was no doubt a lot of “business” to give up, and given the circumstances, she did it in the best way possible.  After she left, Kevin Conway happily took over each of her cases, and is now Malibu Media’s NY / CT attorney.

These days, Jackie has taken on Malibu Media LLC’s “sister” as a client — Strike 3 Holdings, LLC.  The lawsuits are almost identical to Malibu’s, however, of the two companies, Strike 3 Holdings appears to be run significantly more “ethically” than the Malibu cases are.  This is not to say that Strike 3 Holdings, LLC is not engaging in copyright trolling — they are — however, their “tactics” are much more friendly than what I have even heard in recent months since she has stopped representing Malibu Media LLC.

I am listing Jackie’s information here just so you can recognize her name on the subpoena area of the paperwork you receive from your ISP.  It is almost NEVER a good idea to contact your plaintiff attorney directly:

Jacqueline M. James
The James Law Firm PPLC
445 Hamilton Avenue
Suite 1102
White Plains, NY 10601
Email: [email protected]

2018 UPDATETo keep things up to date, I am also now listing Kevin Conway’s information here so that you will recognize his name on the subpoena paperwork.  Again, it is never a good idea to speak to the plaintiff attorney directly:

Kevin T. Conway, Esq.
664 Chestnut Ridge Road
Spring Valley, NY 10977
E-mail: [email protected]

ANDREW KUMAR / MICHAEL LOWENBERG (TX)

Andrew Kumar and Michael Lowenberg are a different type of Malibu Media, LLC copyright troll attorneys. Andrew and Mike became one of Malibu Media, LLC’s local counsel at the end of 2016 (“fresh meat,” so to speak), and my best guess is that they were hired by Malibu Media directly, or by Carl Crowell who has taken over the role of managing each and every Malibu Media, LLC lawsuit across the U.S. (I say this because the entity behind Malibu Media, LLC is Guardaley [a german company], and now they are working with Carl Crowell to replace Keith Lipscomb after their relationship with Lipscomb soured in April, 2016). Andrew and Mike both are too “new” to the Malibu Media lawsuits to have gained a reputation yet, but nevertheless, our Texas federal judges have allowed them free reign to file 75+ lawsuits without much of an objection.

2018 UPDATE: It must have been a coincidence that I wrote about both Jackie James (NY) and Andrew Kumar / Michael Lowenberg (TX) in the same article.  Likely for the same reasons that Jackie James stopped representing Malibu Media, LLC, I saw similar tensions arising between these two and Malibu Media, LLC as well.  Even though I called them on it and asked them what was going on behind the scenes, and although they appeared jaded by what was happening at Malibu, they denied that there was a problem.

Out of nowhere, one day I learned that they too were no longer representing Malibu Media, LLC.  In their place is Malibu Media’s new local counsel, Paul Beik.  As of updating this article, I do not yet have an opinion of Paul.  [05/2019 UPDATE: Now I do have an opinion of Paul Beik.] Beik came in as a Malibu Media, LLC local counsel for our Texas cases after the big changes happened with Malibu Media, LLC.  Paul seems to be comfortable with the new “rules” and this is not a positive for him, as Malibu Media, LLC has gotten a lot worse over the last few months.

Andrew and Mike’s contact information is being listed here so that you can recognize their names as it they found on the subpoena area of the paperwork you receive from your ISP (you will usually find one name, or the other).  Again — it is almost NEVER a good idea to contact your plaintiff attorney directly.

Andrew Darshan Kumar
Michael J. Lowenberg
Lowenberg Law Firm
7941 Katy Fwy., #306
Houston, TX 77024
Email: [email protected]

Paul Beik’s contact information is being listed here so that you can recognize his name as it is found on the subpoena area of the paperwork you receive from your ISP.

Paul S. Beik
Beik Law Firm, PLLC
8100 Washington Avenue, Suite 1000
Houston, Texas 77007
E-mail: [email protected]

WHY ISN’T JACKIE JAMES FILING THE NEW JERSEY MALIBU MEDIA CASES?

Although Jacqueline James and Andrew Kumar / Mike Lowenberg (and now Paul Beik) each belong to a “new generation” of Malibu Media, LLC copyright infringement attorneys (“copyright trolls”), there are still a set of OLDER, MORE EXPERIENCED MALIBU MEDIA, LLC ATTORNEYS (I call them the “OLD GUARD”), some of whom stayed loyal to Malibu Media, LLC when their relationship with Lipscomb went sour. In New Jersey, Patrick Cerillo (or, “Pat Cerillo”) is one of those older attorneys who remained loyal to Malibu Media, LLC.

PATRICK CERILLO (NJ)

Patrick J. Cerillo is one of the “old guard” of attorneys who stayed loyal to Malibu Media, LLC after they split from Keith Lipscomb.  He resides in New Jersey. So as much as Jackie James would no doubt love to take over the New Jersey Malibu Media, LLC cases, for now, Pat Cerillo has a “lock” on that territory.

Patrick’s contact information is being listed here so that you can recognize his name as it is found on the subpoena area of the paperwork you receive from your ISP.  Again — it is almost NEVER a good idea to contact your plaintiff attorney directly.

PATRICK JOSEPH CERILLO
4 WALTER FORAN BLVD., SUITE 402
FLEMINGTON, NJ 08822
Email: [email protected]

Why is me being licensed in New York relevant to you?

Because these courts are in my home turf. Before moving our Cashman Law Firm, PLLC lawfirm to Houston, TX in 2010, I was (and continue to be) licensed to practice law in New York. I grew up in New York, I went to law school in New York, I know many federal judges in New York, and I understand the way the federal courts operate in that state. I have lived in both New York and New Jersey most of my life, and the “tri-state area” (NY/NJ/CT) is where I have most of my legal contacts.

Why is me being licensed in Texas relevant to you?

Because as of 2010, we moved our Cashman Law Firm, PLLC practice to Houston, TX. Since we opened our doors, we have practiced *ALMOST EXCLUSIVELY* in federal court practice. I took the bar exam here, I have represented possibly hundreds of clients here in Texas exclusively for bittorrent-based copyright infringement lawsuits, and again, I know the federal judges here, how their courts operate, and this is my home turf.

What else can you tell me about the Malibu Media cases?

The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.

SUMMARY

There is obviously more to go into, specifically about the topic of Malibu Media LLC’s “old guard” (veteran attorneys, some from 2012), and the “new guard” (new attorneys hired slightly before or after the relationship between Malibu Media and Keith Lipscomb soured.  Also, I will shortly be posting a follow-up analysis confirming the initial research that Malibu Media, LLC is on a $20,000/month budget.

For the purposes of this e-mail, Malibu Media is allocating their money to split the new cases among the NY/NJ/CT Tri-State area, and Texas.

FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:  Click here for more general information about Malibu Media, LLC lawsuits, their tactics, and their strategies.

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at [email protected], or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Here is the breakdown of Malibu Media, LLC cases filed THIS YEAR, 2017! (sorted by attorney/quantity):

Attorney Jackie James Filed Cases (28%)
Connecticut (38 Cases)
New York (40 Cases)

Attorneys Andrew Kumar & Michael Lowenberg Filed Cases (16%)
Texas (42 Cases)

Attorney Pat Cerillo Filed Cases (14%)
New Jersey (38 Cases)

Attorney Joel Bernier Filed Cases (6%)
Michigan (MIED) (16 Cases)

Attorney Mary Schulz Filed Cases (4%)
Illinois (ILND) (12 Cases)

Attorney Jon Hoppe Filed Cases (3%)
Maryland (7 Cases)

Attorney Jordan Rushie Filed Cases (3%)
Pennsylvania (PAED) (8 Cases)

Attorney John Decker Filed Cases (1%)
Virginia (VAED) (3 Cases)

LIST OF MALIBU CASES FILED TO DATE (2017 CASES ONLY)

Cases in the Connecticut District Court (38)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. Doe (Case No. 3:17-cv-00187)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00188)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00189)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00190)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00195)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00203)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00213)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00219)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00220)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00221)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00223)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00224)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00225)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00227)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00229)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00230)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00232)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00233)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00249)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00250)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00251)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00252)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00253)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00254)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00256)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00257)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00258)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00259)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00271)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00272)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00273)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00274)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00275)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00276)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00277)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00278)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00279)
Malibu Media, LLC v. Doe (Case No. 3:17-cv-00280)

Cases Filed in the Illinois Northern District Court (12)
Attorney: Mary K. Schulz of the Media Litigation Firm, P.C.

Malibu Media, LLC v. Doe, subscriber assigned IP address 208.59.138.51 (Case No. 1:17-cv-01183)
Malibu Media, LLC v. Doe, subscriber assigned IP address 24.14.89.147 (Case No. 1:17-cv-01190)
Malibu Media, LLC v. Doe, subscriber assigned IP address 50.172.197.139 (Case No. 1:17-cv-01195)
Malibu Media, LLC v. Doe, subscriber assigned IP address 67.175.128.50 (Case No. 1:17-cv-01196)
Malibu Media, LLC v. Doe, subscriber assigned IP address 73.168.198.228 (Case No. 1:17-cv-01197)
Malibu Media, LLC v. Doe, subscriber assigned IP address 73.74.242.152 (Case No. 1:17-cv-01200)
Malibu Media, LLC v. Doe, subscriber assigned IP address 75.27.62.75 (Case No. 1:17-cv-01201)
Malibu Media, LLC v. Doe, subscriber assigned IP address 75.28.181.87 (Case No. 1:17-cv-01202)
Malibu Media, LLC v. Doe, subscriber assigned IP address 76.231.75.139 (Case No. 1:17-cv-01206)
Malibu Media, LLC v. Doe, subscriber assigned IP address 98.206.219.205 (Case No. 1:17-cv-01210)
Malibu Media, LLC v. Doe, subscriber assigned IP address 98.227.75.40 (Case No. 1:17-cv-01396)
Malibu Media, LLC v. Doe, subscriber assigned IP address96.95.112.34 (Case No. 1:17-cv-01209)

Cases Filed in the Maryland District Court (7)
Attorney: Jon Alexander Hoppe (“Jon Hoppe”) of the Law Office of Jon a Hoppe, Esquire

Malibu Media, LLC v. Doe (Case No. 8:17-cv-00397)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00396)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00402)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00401)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00398)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00399)
Malibu Media, LLC v. Doe (Case No. 8:17-cv-00400)

Cases Filed in the Michigan Eastern District Court (16)
Attorney: Joel A. Bernier of Sheikh Legal Services PLLC
176 S. Main St., Suite 1, Mount Clemens, MI 48043 ([email protected])

MALIBU MEDIA, LCC v. John Doe (Case No. 2:17-cv-10422)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP ) Address 107.4.109.143 (Case No. 2:17-cv-10426)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP ) Address 107.4.109.143 (Case No. 5:17-cv-10426)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.32.2.28 (Case No. 2:17-cv-10432)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.201.228 (Case No. 2:17-cv-10442)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.243.199 (Case No. 2:17-cv-10443)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.49.243.199 (Case No. 2:17-cv-10445)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.55.89.28 (Case No. 2:17-cv-10444)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.55.89.28 (Case No. 4:17-cv-10444)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.56.223.52 (Case No. 2:17-cv-10446)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.56.223.52 (Case No. 2:17-cv-10447)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 68.60.174.21 (Case No. 2:17-cv-10448)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 98.209.250.195 (Case No. 2:17-cv-10449)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 98.224.223.170 (Case No. 2:17-cv-10450)
MALIBU MEDIA, LCC v. JOHN DOE subscriber assigned IP Address 99.37.173.71 (Case No. 2:17-cv-10451)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP Address 68.40.27.99 (Case No. 2:17-cv-10441)

Cases Filed in the New Jersey District Court (38)
Attorney: Patrick Joseph Cerillo (“Pat Cerillo”)

MALIBU MEDIA , LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 24.0.207.93 (Case No. 2:17-cv-01239)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-01246)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-01251)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 100.1.206.172 (Case No. 2:17-cv-01172)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.167.50 (Case No. 2:17-cv-01185)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.5.52.134 (Case No. 2:17-cv-01182)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.53.147.136 (Case No. 2:17-cv-01183)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 108.53.252.54 (Case No. 2:17-cv-01193)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.3.124.255 (Case No. 2:17-cv-01228)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.3.54.44 (Case No. 2:17-cv-01232)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.63.249.136 (Case No. 2:17-cv-01233)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.70.197.251 (Case No. 2:17-cv-01234)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 173.70.93.127 (Case No. 2:17-cv-01236)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.82.37.90 (Case No. 2:17-cv-01252)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.83.64.114 (Case No. 2:17-cv-01271)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.83.77.86 (Case No. 2:17-cv-01272)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.117.66.98 (Case No. 3:17-cv-01261)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.118.248.215 (Case No. 2:17-cv-01273)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.122.18.0 (Case No. 2:17-cv-01275)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.141.237.206 (Case No. 3:17-cv-01262)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.82.239.77 (Case No. 3:17-cv-01265)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 72.88.211.121 (Case No. 2:17-cv-01279)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.10.138.235 (Case No. 3:17-cv-01266)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP address 73.199.240.186 (Case No. 3:17-cv-01229)
MALIBU MEDIA, LLC v. JOHN DOE subscriber assigned IP address 96.248.95.37 (Case No. 3:17-cv-01268)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER IP ADDRESS 108.35.167.198 (Case No. 2:17-cv-01180)
MALIBU MEDIA, LLC v. JOHN DOE SUBSCRIBER IP ADDRESS 108.53.193.228 (Case No. 2:17-cv-01188)
MALIBU MEDIA, LLC v. JOHN DOE, SUBSCRIBER ASSIGNED IP ADDRESS 100.8.116.23 (Case No. 2:17-cv-01179)
MALIBU MEDIA, LLC. v. JOHN DOE (Case No. 2:17-cv-01237)
MALIBU MEDIA, LLC. v. JOHN DOE (Case No. 2:17-cv-01240)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 69.124.120.156 (Case No. 2:17-cv-01276)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 71.172.15.229 (Case No. 2:17-cv-01277)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.160.218.175 (Case No. 2:17-cv-01307)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.194.168.244 (Case No. 2:17-cv-01310)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.197.106.118 (Case No. 2:17-cv-01315)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.248.226.136 (Case No. 2:17-cv-01317)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 76.116.108.250 (Case No. 2:17-cv-01319)
MALIBU MEDIA, LLC. v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 96.57.99.138 (Case No. 2:17-cv-01321)

Cases Filed in the New York Eastern District Court (10)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. DOE (Case No. 2:17-cv-01079)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01078)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01084)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01077)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01083)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01076)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01081)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01080)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01075)
Malibu Media, LLC v. DOE (Case No. 2:17-cv-01082)

Cases Filed in the New York Southern District Court (30)
Attorney: Jacqueline M. James (“Jackie James”) of The James Law Firm, PPLC

Malibu Media, LLC v. Doe (Case No. 1:17-cv-00983)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00985)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00987)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00988)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00989)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00992)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00994)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00995)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01065)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01067)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01068)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01069)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01070)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01072)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01074)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01075)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01076)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01078)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01088)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01094)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01095)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01096)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01097)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01098)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01099)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01100)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01101)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-01102)
Malibu Media, LLC v. Doe (Case No. 7:17-cv-00981)
Malibu Media, LLC v. Doe (Case No. 7:17-cv-00982)

Cases Filed in the Pennsylvania Eastern District Court (8)
Attorney: A. Jordan Rushie (“Jordan Rushie”) of Flynn Wirkus Young PC / Rushie Law

MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00662)
MALIBU MEDIA, LLC v. DOE (Case No. 2:17-cv-00509)
MALIBU MEDIA, LLC v. DOE (Case No. 2:17-cv-00506)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00510)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00508)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00507)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00512)
MALIBU MEDIA, LLC v. JOHN DOE (Case No. 2:17-cv-00511)

Cases Filed in the Texas Southern District Court (42)
Attorney: Andrew Darshan Kumar (“Andrew Kumar”) and Michael J. Lowenberg (“Mike Lowenberg”) of the Lowenberg Law Firm

Malibu Media, LLC v. Doe (Case No. 4:17-cv-00413)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00415)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00417)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00418)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00420)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00421)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00422)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00423)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00424)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00425)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00465)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00466)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00468)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00469)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00470)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00471)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00472)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00473)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00474)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00475)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00476)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00477)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00478)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00479)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00480)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00481)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00482)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00483)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00484)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00485)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00486)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00487)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00488)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00489)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00490)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00491)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00492)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00493)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00494)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00495)
Malibu Media, LLC v. Doe (Case No. 4:17-cv-00497)
Malibu Media, LLC v. DOE (Case No. 4:17-cv-00498)

Cases Filed in the Virginia Eastern District Court (3)
Attorney: John Carlin Decker, II (“John Decker”) of the Law Office of John C. Decker II
5207 Dalby Lane, Burke, VA 22015 (John is still using his Verizon e-mail when he files the lawsuits — [email protected])

Malibu Media, LLC v. Doe (Case No. 1:17-cv-00192)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00193)
Malibu Media, LLC v. Doe (Case No. 1:17-cv-00194)

 

What else can you tell me about the Malibu Media cases?

[2017 UPDATE] The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:Again, if you have been implicated as a John Doe defendant in a Malibu Media, LLC lawsuit, there are TWO (2) main articles you should read immediately:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

Book a Phone Consultation with a Cashman Law Firm Attorney

Attorney Fees to a Winning Defendant — “It’s a Shell Game”

When representing a client, in my eyes I am representing the internet users against the “bad guys.” Copyright holders who use the federal court subpoena power to unclothe the identity of the internet subscriber with the intent of extorting that internet user out of thousands of dollars (regardless of whether the internet user did the download or not) is an abuse of the federal court system.  To offset the very high cost of hiring an attorney to defend a copyright infringement claim in federal court, copyright law provides the “winner” of the lawsuit attorney fees (see, 17 U.S. Code § 505).

That way, when an accused internet user is forced to spend tens of thousands of dollars to properly defend him or herself against claims of copyright infringement (which often include appearing for multiple court hearings, allowing the household’s computers and electronic devices to be inspected by a forensics expert, being questioned under oath [or having to answer written interrogatories under oath]), *IF* at the end of the investigation (e.g., at the end of “discovery”), the claim of copyright infringement ends up being unfounded and the claim of copyright infringement against the internet user is dismissed, the law gives that internet user the right to collect from his accuser all the fees he paid to his attorney.

Beware, however.  Just because a defendant is entitled to attorney fees does not mean that they will get them.  There are three scenarios which can stop a defendant from obtaining their fees back from a copyright holder plaintiff:

1) The “cut and run” scenario, where a copyright holder dismisses the defendant before a judge can rule that there was no infringement, and

2) the “limited liability company” plaintiff, where the movie company has created smaller independent “shell” companies, and they use those companies to sue defendants in copyright infringement actions (knowing that if those companies incur liability, that liability will not trickle up to the owner or to the other corporate entity), and

3) the “underfunded shell company” scenario, where the copyright holder might not have the funds to pay the attorney fees to the defendant (for example, when the settlement funds have been siphoned off to another entity, or paid out to the copyright troll attorneys).

SCENARIO 1: THE “CUT AND RUN” SITUATION

In a “cut and run” situation, the accused internet user (a.k.a., the “named” John Doe Defendant) mounts a sufficient defense to demonstrate either that the plaintiff copyright holder does not have sufficient evidence to find him guilty of copyright infringement, or he is able to prove that it was not him “at the keyboard” at the time the download took place (because suing the account holder based on an ISP demonstrating that the account holder was assigned a particular IP address [which was used to participate in the downloading or copying of a copyrighted video] has been held in various jurisdictions to be insufficient to prove that it was the account holder who did the download).

In this first scenario, the account holder “fights back,” and hires and pays an attorney to file an answer to the complaint once named and served.  That attorney shows up to the court hearings, he cooperates with the discovery requests (the attorney sits with his client as he answers questions under oath, objects to questions, speaks to the judge in the middle to clarify issues that arise, etc.), and after what ends up being hundreds of hours, the copyright holder dismisses the defendant proactively before the court can rule on a summary judgement hearing that there was never a case against the client in the first place.   I saw this over and over with the Malibu Media, LLC cases.

SCENARIOS 2 & 3: THE “LIMITED LIABILITY COMPANY (LLC)” PLAINTIFF, AND THE “UNDERFUNDED” SHELL COMPANY:

The second scenario in which a defendant could be deprived of attorney fees is when the movie studio sets up multiple limited liability “shell” entities (as seen by the “LLC” designation behind the name), and then that “shell” entity is used to file a lawsuit, but it does not have the funds to pay an award of attorney fees should it lose the copyright infringement claim against the “named” defendant.  This could be either because the “shell” entity was not properly funded in the first place, or because the plaintiff lawyers or the owners of the entity are siphoning the settlement funds out of the entity so that it would not be able to pay attorney fees if it was ordered to do so.

This is what bugs me about the limited liability entities which are set up and used to sue defendants — there is no accountability to the accused copyright defendant for the misuse of those entities.  Using Voltage Pictures, Inc. as an example (and by no means am I insinuating that their “shell” entities are misused or underfunded), Voltage Pictures, Inc. is a big name movie company that has sued thousands of defendants over the years.  Since our firm started in 2010, I have been seeing Voltage Pictures, Inc. as a copyright troll who has sued defendants, who has hired not-so-ethical attorneys to enforce their copyrights against bittorrent users, and I do not think one year has past where I have not seen one lawsuit or another where Voltage was behind the scenes as the copyright holder.

Over the years, I have seen Voltage shift from suing thousands of defendants using their their own Voltage name in the lawsuits to setting up smaller “shell” entities which are then used to sue John Doe Defendants.  It is not always obvious that a company suing for copyright infringement is a Voltage copyright troll, but there are tip offs in that each time a new copyright troll “shell” entity files a lawsuit, I see the same copyright troll attorney(s) filing the identical complaint as they filed in other lawsuits, and each time, I see the same discredited German forensics company (Guardaley) listed as the “expert” in the lawsuit.  With so many hundreds of lawsuits filed — and I wasn’t sure I was going to go here, but I am — , I ask myself why the judges don’t see that these are the same set of entities filing the lawsuits, and I shake my head in disgust that the copyright troll scam is still going on.  It boggles my mind that companies as large as Voltage Pictures, Inc. are still taking part in this kind of legal militarism and butchery.

Dallas Buyers Club, LLC was one such shell company that was set up and used to sue defendants, which I later learned was a Voltage Pictures, Inc. shell company.  More recently, Fathers and Daughters Nevada, LLC appears to be another such shell company.  These companies are all “limited liability companies,” which means that unless the company was structured improperly when it was formed, or unless the principals of the company did something stupid (e.g., intermingling company funds with another shell company’s funds), it is very difficult to “break the veil” to hold the owner of the company personally liable for the company’s mistakes.

This got me thinking.  A defendant does not immediately know whether a copyright troll corporate “shell” entity is properly funded or not, and before hiring an attorney and spending tens of thousands of dollars on a defense, the first thing that defendant should do (or have his lawyer do) is have the “shell” company demonstrate that they have the funds to pay the defendant’s attorney fees should it be demonstrated a) that the account holder “named” and served as the defendant was not the one who did the download in the first place, or b) that the plaintiff’s experts cannot provide sufficient evidence to prove that the copyright infringement actually happened.

Why? Because if the plaintiff does not have the funds to proceed, why spend the time and money defending the lawsuit?  Rather, hit them early on with a bond request to demonstrate that 1) they have the funds to proceed, and to demonstrate 2) that they have the intent to move forward, all the way to trial (if necessary).  This is not a cheap proposition for the copyright holders, as lawsuits such as these could easily run into the hundreds-of-thousands of dollars in fees.

Anyway, my point in this article is simply caveat emptor.  Before you go ahead throwing out all of your money paying an attorney for a defense, make sure the plaintiff can pay your fees if you win. Have them post a bond, or do something to demonstrate that they have the funds to proceed if the case goes in that direction.  If they cannot demonstrate this, then maybe there is no need to defend your case in the first place.

In sum, the copyright laws as they are practiced is lopsided.  Copyright owners are given their remedy — the ability to sue for “statutory damages” of $150,000 per instance of infringement.  And, the accused defendant apparently has his remedy — the ability to retrieve his paid attorney fees when he successfully defends his case against the copyright holder.  Why shouldn’t an accused defendant take a few steps to preserve his rights and check to make sure the plaintiff can pay his attorney fees if he wins?

NOW A NOTE FOR THE JUDGES:

Accused internet users are thrown around, threatened, extorted for thousands of dollars in cash, and the law does little to protect their rights. Defendants have the remedy to have their funds returned to them if they fight and win, but what individual internet user defendant has the ability to pay for a lawyer to defend him in court?  What use is it for the law to award attorney fees and costs to a defendant who prevails “on the merits” when that defendant cannot afford to hire a lawyer to get to that point in the legal process?

Rather, the duty to protect the public in circumstances such as these (suing internet users for the download of copyrighted materials) is on the judges themselves.

Judges know (or their clerks can easily discover) when a particular copyright holder is a “copyright troll” and they know if the same parties have filed serial lawsuits in one state, or if they have filed multiple lawsuits in multiple states, or whether that same entity has sued defendants using multiple shell companies.  Judges also know that most accused defendants cannot pay a lawyer even for the most basic defense.

Too often, judges do not act as the gatekeepers they are, and they let the copyright holders do whatever they want to do while the judges pretend to pressure the copyright holders to move forward and name and serve defendants, or not. This is a charade — one that unnerves me, because it is an open secret that the copyright holders have absolutely no interest in taking a case to trial.

Judges who rubber stamp “expedited discovery” motions: WHY allow copyright holders access to the names of the accused John Doe Defendants when those copyright holders have shown through their past filings that they have absolutely NO INTENTION of proceeding to trial?  And why not make the plaintiff copyright holders demonstrate that they intend to proceed to trial (e.g., by having them post a bond as a matter of course) rather than using your federal court as a weapon to extort settlements from defendants who otherwise do not have the funds to pay for an adequate defense?

Since I mentioned Voltage Pictures, Inc. in this article (since they are the ones behind the Dallas Buyers Club, LLC lawsuits from a few months ago, and more recently, they are the ones behind the Fathers & Daughters Nevada, LLC lawsuits), below are a list of cases filed across the U.S. (and this is only a small sample of the lawsuits that were filed).  Judges, how can you NOT know that this “Fathers & Daughters Nevada, LLC” entity is a shell company practicing copyright trolling across the US?!?  Will you now let this “shell” entity do the same thing that every Voltage Pictures, Inc. “shell” entity did before them?  Ask yourself: Have ANY of these Voltage plaintiffs gone to trial?

Current Cases Affected by this Article (I am listing these so that you see how deep the Voltage Picture lawyer network goes — cases are not only filed in Texas, but like the Malibu Media, LLC cases were, they are filed across the US):

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01968, Texas Southern District Court (July 5, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01315, Texas Southern District Court (May 10, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-01073, Arizona District Court (April 15, 2016))

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 1:16-cv-00362, Michigan Western District Court (April 8, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 2:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-26 (Case No. 1:16-cv-02452, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-32 (Case No. 1:16-cv-02453, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-17 (Case No. 1:16-cv-02456, Illinois Northern District Court (Feb. 22, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-21 (Case No. 1:16-cv-02450, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10371, Michigan Eastern District Court (Feb. 2, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v Does 1 Through 12 (Case No. 1:16-cv-00187, Hawaii District Court (April 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers and Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-00406, Arizona District Court (Feb. 12, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-7 (Case No. 1:16-cv-01318, Colorado District Court (June 1, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 2:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10751, Michigan Eastern District Court (March 3, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-18 (Case No. 4:16-cv-10785, Michigan Eastern District Court (March 4, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10654, Michigan Eastern District Court (Feb. 23, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 2:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-15 (Case No. 1:16-cv-00560, Colorado District Court (March 8, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00670, Colorado District Court (March 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 4:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00747, Colorado District Court (March 31, 2016))

Fathers and Daughters Nevada, LLC v. Does (Case No. 1:16-cv-00278, New Mexico District Court (April 11, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 4:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00613, Colorado District Court (March 16, 2016))

Need more examples?


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.