Category Archives: Torrent

Strike 3 Holdings Attorneys in Miami-Dade Florida County Have a “Behind The Scenes” Shadow.

Strike 3 Holdings LLC continues to sieze the names of accused bittorrent users by exploiting Florida’s Bill of Discovery rules in their Strike 3 Holdings LLC v. Undisclosed Defendants cases [all filed in the Miami-Dade Florida state court]. On 10/31/2019, I wrote an article explaining that “Strike 3 Holdings is NOT suing miami-dade County defendants for copyright infringement,” and now that new information has come to my attention, you deserve a follow-up article.

Again, you can read about the Pure Bill of Discovery topic here.

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News about the Miami-Dade Florida Strike 3 Holdings Cases.

What is new is that Strike 3 plaintiff attorneys Rachel Walker and Tyler Mamone are not the ones who are running these cases, at least not behind the scenes. This disproves my initial assertion that the Walker and Mamone (both Florida attorneys) together hatched this brilliant idea of “suing” defendants without actually taking the steps to file copyright infringement lawsuits against each accused bittorrent downloader in federal court.

Why I thought Mamone and Walker “hatched” the Miami-Dade Florida Strike 3 Holdings Scheme.

I initially thought that they read articles (mine or others’), from 2012 about the Lightspeed Media Corp. Hacker cases where John Steele (now in prison) and Lipscomb (the former Malibu Media LLC “boss”) used the Florida Bill of Discovery crooked rules to force the Miami-Dade Florida state court to disclose the names of the account holders. Once the Court forced the ISPs to disclose the identities of the accounts holders (alleged porn “downloaders”), they then proceeded to “shake down” the accused account holders in an elaborate extortion scheme… all without the breath of the Federal Court Judges breathing down the necks of the plaintiff attorneys (to force them to adhere to the Federal Rules of Civil Procedure and its safeguards against abuse of accused defendants).

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I was sure that these lawsuits provided the seed for their idea (and I am still sure of this, but I was wrong on “who hatched this idea” and who was the “gardener”).

I even went so far as to caution that Rachel Walker and Tyler Mamone should tread lightly, as many of the other “copyright troll” attorneys who have sued in the Florida Miami-Dade court to expose the names of the ISP account subscribers have put their law licenses in jeopardy… specifically, I am thinking about John Steele, Mark Lutz (a non-lawyer) and the other Prenda Law Inc. partners, many of whom have been jailed.

This is John Steele, the attorney who used the Miami-Dade Pure Bill of Discovery (now he is in prison).

John Steele of Steele|Hansmeier also used the Florida Pure Bill of Discovery rules in his Lightspeed Media Corp. hacker cases. You can read more about the John Steele story here.

Who actually “hatched” the Strike 3 Holdings Pure Bill of Discovery Scheme.

Apparently the “scheme” to use the Florida Miami-Dade state court and the Florida Bill of Discovery rules came not from attorneys Walker and Mamone, but rather (and juicily interesting), from Emilie Kennedy, the General Counsel for Strike 3 Holdings, LLC (and former attorney to Keith Lipscomb, the former “kingpin” of the Malibu Media, LLC cases). Why? Because it was Emilie Kennedy who left Malibu Media LLC to create the Strike 3 Holdings LLC lawsuits some years ago.

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If so, then this makes total sense. Emilie Kennedy knew about Malibu Media LLC’s attempts to use the Florida Bill of Discovery crooked laws. She knew that by filing in the Miami-Dade Florida state court, she could completely circumvent the federal courts and the federal judges. Thus in a way, the mystery has been solved.

Who is the “behind the scenes” shadow in the Strike 3 Holdings cases?

Actually, it should say “shadow(s).”

My observations as these cases have unfolded is that Rachel Walker and Tyler Mamone (the Strike 3 Holdings plaintiff attorneys, on paper) appear not to have authority to negotiate the Miami-Dade Strike 3 cases. Rather, the settlement discussions are being negotiated and handled by Lincoln Bandlow (former Strike 3 Holdings LLC “kingpin”) and surprisingly, John Atkin (Lincoln Bandlow’s rival). It is interesting to me that they are working in tandem, because I was sure that after [what I wrote about Lincoln Bandlow and John Atkin here], they were rivals, not buddies.

Together, Bandlow and Atkin each seem to be splitting up and handling the negotiations when a Miami-Dade Strike 3 Holdings LLC defendant chooses to settle the claims against them.

MIAMI DADE COUNTY COURT LIST OF STRIKE 3 HOLDINGS CASES:

At the risk of boring you with this information, I am pasting a list of the cases, including both the Local Case Number and the State Case Number. The name of each case is the same:

STRIKE 3 HOLDINGS, LLC v. UNKNOWN INFRINGERS LISTED ON EXHIBIT 1

Local Case Numbers: 2019-027829-CC-05, 2019-027599-CC-05, 2019-026368-CC-05, 2019-026371-CC-05, 2019-025653-CC-05, 2019-025655-CC-05, 2019-025662-CC-05, 2019-024463-CC-05, 2019-024467-CC-05, and 2019-024647-CC-05.

State Case Numbers: 132019CC027829000005, 132019CC027599000005, 132019CC026368000005, 132019CC026371000005, 132019CC025653000005, 132019CC025655000005, 132019CC025662000005, 132019CC024463000005, 132019CC024467000005, and 132019CC024647000005.

*1/23/2020 UPDATE: Apparently no Florida Miami-Dade judge has stopped these cases yet, and Strike 3 Holdings, LLC keeps filing. Here are additional cases that have been filed since this article:

NEW Local Case Numbers: 2020-001616-CC-05, 2020-001652-CC-05, 2019-032919-CC-05, 2019-032825-CC-05, 2019-032439-CC-05, 2019-032122-CC-05, 2019-031035-CC-05, 2019-030496-CC-05, 2019-030040-CC-05, 2019-028802-CC-05, 2019-028412-CC-05, and 2019-028410-CC-05.

NEW State Case Numbers: 132020CC001616000005, 132020CC001652000005, 132019CC032919000005, 132019CC032825000005, 132019CC032439000005, 132019CC032122000005, 132019CC031035000005, 132019CC030496000005, 132019CC030040000005, 132019CC028802000005, 132019CC028412000005, and 132019CC028410000005.

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What TorrentLawyer article is next…

Now for your own sanity (because I have a tendency to write long articles), I will next write about what defense lawyers have been doing in the Miami-Dade Florida Strike 3 cases (since Strike 3 Holdings LLC is suing people out of state and the Florida court has no jurisdiction over the so-called “Unknown Infringers.” [Think, “Motion to Quash,”] I will also go over what problems the defense attorneys are causing for their clients as a result of “doing the right procedural move.”

NOTE: In defense to some good attorneys in Florida who I trust (and to whom I have referred a number of clients), the next article is going to attack those who have knowingly lured their clients into a bait-and-switch where the defendant clients thought they were hiring their attorney to fight the case procedurally, but really the defense attorney had in mind to settle the claims. More to come soon…

If anyone has any questions about these cases, I’d be happy to speak about them further offline.

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[CONTACT AN ATTORNEY: If you have a question for an attorney about the Miami-Dade Florida-based Strike 3 Holdings, LLC cases and my experiences with them or what the attorneys behind the scenes are doing, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings, LLC case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].

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.

Exposing Fear-Based Copyright Settlement Factories.

FEAR should never be a consideration when considering a copyright attorney to defend you against a Strike 3 Holdings, LLC (or, Malibu Media, LLC or any other copyright troll) lawsuit.

I have written many articles describing the activities of copyright trolls AND so-called defense attorneys who claim that they represent defendants. I and others have called those attorneys that file hundreds of mass copyright infringement lawsuits “copyright trolls,” and I call attorneys who pretend to represent defendants (but who really run volume-based settlement businesses) “settlement factories.”

CREDIBILITY

For credibility, I and my staff at the Cashman Law Firm, PLLC manage our docket of clients very carefully. As you may have experienced yourself, in the eight years we have been representing copyright infringement John Does accused of copyright infringement, there have been many times where we simply do not take new clients. Each client takes a limited number of resources, and we do not run a volume-based business. [See here for more details.]

Thus, I have nothing wrong with answering your questions and directing you to an attorney who is competent to take your case. We have never taken a referral fee from an attorney, nor do we ever plan to. I hope you can appreciate this, even if after speaking to me I was not going to be your attorney.

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EFF.org’s Subpoena Defense List:

Only Kudos for EFF:

I have only good things to say about EFF, and I support them 100% on so many of their efforts. I am about to criticize their Subpoena Defense List, but this does not reflect the respect, admiration and support I have always had for them.

The Good:

One resource that copyright infringement defendants often find is the EFF Subpoena Defense list. On this EFF.org list, there are possibly now hundreds of attorneys who can represent you in your John Doe-based copyright infringement lawsuit — many of them good attorneys who I have known for many years.

NOTE #1: It is interesting exercise to see who-is-who (which attorneys have been around for a while, and which are the newer attorneys who act as “copycats,” often merely settling cases), and you can do so by clicking on Archive.org’s “Way Back Machine” here:

NOTE #2: Just because an attorney is new does not mean that he or she is unable to take your case. I am merely demonstrating how much this list has grown since 2010.

The Bad:

EFF does not appear to filter this list, or at least they do not filter out attorneys who harm potential clients with misinformation.

If an attorney states that they will represent clients in a certain state, they will list them without vetting or verification.

Case in point — some attorneys list themselves as taking clients in multiple states.  Any attorney can represent a defendant in any federal court in any state, as long as that federal court allows an out-of-state attorney to “pro hac” into that federal court (most do).  It is deceptive for an attorney to indicate they are licensed in a particular state in which they are not licensed to practice law.

The EFF Subpoena Defense list size has also grown exponentially.  In 2010, this list contained a list attorneys who agreed to proactively defend clients in these cases (of those listed, 20 of us were active in this space); back then, the purpose of the EFF list was to hash out the law of copyright infringement as it applied to bittorrent-based copyright infringement lawsuits.

Now, the list contains HUNDREDS of attorneys who are trying to capitalize on the hundreds of defendants who are sued in the federal courts each month, without regard as to who is a credible attorney and who is a settlement factory.

The Ugly:

The EFF Subpoena Defense List has become populated with attorneys 1) who are not familiar with the case law we have developed over the years, 2) who do not care whether a defendant SHOULD pay a settlement or not, and 3) who often MISREPRESENT the law to potential clients who call them desperate for help.

These settlement factory attorneys threaten accused defendants… even with JAIL time for a CIVIL lawsuit, when any attorney should know that copyright infringement lawsuits are CIVIL lawsuits — at their worst, they ask a defendant to pay money damages or they stop a defendant from committing a certain act — they do not accuse a defendant of committing a crime.

Unfortunately, over the years, I have found that there are a number of “settlement factories” on this list, one more was exposed to me this morning.

I do not plan on making this article yet one more article identifying copyright settlement factories and their tactics, nor do I expose the names of other attorneys who have some brilliant and smart sales tactics to lure you in.  As you see — I do not post on this website often, nor do I maintain a hype-based, fear-based website on who is suing who in what state.

Have you read enough? Book Now to get help. > > >

Here is my point.

When you speak to a defense attorney about your copyright infringement lawsuit, 1) that attorney should inform you of the nature of the lawsuit, 2) they should inform you of the claims against you, and 3) they should provide you all of your options on how to defend yourself (even those options which do not profit that attorney).

If that attorney cannot assist you, he or she should not take you as a client (only to surprise you later telling you that you must settle, or else).  Rather, he should refer you to an attorney who can assist you.

And never — NEVER — should that attorney misstate the law or threaten a client with fear-based tactics or veiled threats that a certain plaintiff attorney will do something that they would not ordinarily do.

I’ll stop here. In short, look up the attorney you are considering to retain as your attorney to represent you in your lawsuit.

Helpful Hints:

Do not be fooled with crafty sales tactics or web site blog articles written as soon as a lawsuit is filed.

Ask yourself when viewing an attorney’s website — is he trying to ensnare me to become his client? Did he have to pay per click for me to click on his website (we too have done AdWords campaigns over the years, but only rarely).

Usually, a settlement factory will always have an extensive Google AdWords campaign going, or they will position their website [either by explicit payment, by posting keyword-based useless content, or by posting alternative media, e.g., animations and videos to separate their multimedia ads from the other attorneys who are writing helpful content on the website] so that they show up at the top of every search engine ranking for every keyword).

A note on law firms without blogs:

Lastly, just because an attorney does not have an extensive blog [like we do] does not mean that they are incompetent about your case. There are a number of credible attorneys who I trust, and they do not have blogs.

If I cannot assist you or represent you myself, I will happily refer you to an attorney, even if he or she only has a one-page website.  This attorney might be better than all of those copyright settlement factories who post with tags and keywords every time a lawsuit is filed in a particular state.

Have you read enough? Book Now to get help. > > >

Your consultation with an attorney should be a pleasant experience.

I guess it is important to mention that the conversation with your defense attorney should be a pleasant conversation.

You should feel better about yourself and your case when you hang up the phone, and when you do, you should feel as if you were educated about your case and your options.

If an attorney has scared you, or has threatened you by what the plaintiff attorney will do or could do, or if the attorney has told you that your only option is to settle the claims against you (especially if you did not do the download), he is likely not the attorney for you.

Even the worst case scenario in these cases is a civil judgement against you, which are money damages. Nobody will ever take away your freedom, and nobody will ever put you in jail for downloading materials which are the subject of these copyright infringement “John Doe” subpoena-based lawsuits.


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.