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Author Topic: Higbee followup  (Read 33161 times)

Matthew Chan

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Re: Higbee followup
« Reply #60 on: June 21, 2018, 08:00:09 PM »
Ethan Seven,

The issue of Oscar representing people throughout the U.S. has come up before and I did ask him about it many years ago when ELI was very young. ELI is now ten years old!  The representation issue is in the same vein as Higbee, and many other copyright lawyers representing their clients (not all based in the lawyer's own state) sending out letters to accused infringers throughout the U.S. I don't remember the technical explanation but you did jog my memory a bit.  I think it is related to the fact that copyright infringement is a federal matter, not a state matter. One has to be a U.S. lawyer admitted to federal court I think? As such, somehow by virtue of the fact that copyright infringement is a federal matter, it allows all the lawyers on BOTH sides to both litigate and defend.  I don't remember the finer points of how it works in an actual court case in the federal court system, but I think it involves calling in a local state lawyer to work with them. But there has never been any doubt in my mind what he does is entirely legitimate.

Oscar has been involved in lots of cases in many jurisdictions over the years. He may even be licensed in NJ I think but I have always referred to Oscar as a New York lawyer who takes on both copyright prosecutions and copyright defense. He has been on both sides of the fight.  That has never been a secret.

Last thing, thanks to you, I caught a clerical error I made about the missing "Attorney Advertising" disclaimer on this page:

That was a page newly created and rewritten sometime in January 2018. For years, Oscar has always insisted that I put in the "Attorney Advertising" disclaimer on his one ELI page dedicated to promoting and explaining his legal service.  Up until then, the page was always written in my voice and as a personal endorsement. I would get into a debate with him that it was MY personal endorsement freely given because I believe in his legal expertise and abilities. I have found Oscar to be a man and lawyer of integrity. Hence, I have always been resistant to the idea of "Attorney Advertisement" vs. my personal endorsement.

In an exercise of caution and in the spirit of Oscar's personal preference and insistence, The Attorney Advertisement disclaimer has existed for years. However, during the rewrite/revision, I somehow accidentally left out the Attorney Advertisement disclaimer.  That is on me. I made the clerical error and no one caught it. Up to now, no one said anything. But your casual reference about it made me go back and look at that page again more carefully. I reinstated the Attorney Advertisement disclaimer Oscar has always insisted upon that was inadvertently left off by me.

Thank you for the catch.

What basis do you have to think he takes claims that do not involve a party in NY?  Did you look to see if any other attorneys in his law firm are admitted in other states?   

All he would need is for the client or for the copyright holder to be in a state where he is admitted or, if the contract is with his law firm, any state where one of his associates is admitted.  Keep in mind that a couple federal courts do not require an attorney to be a member of the state bar.

Some of the content on this site could, emphasis on could, be construed as attorney advertising.  I would have lots of disclaimers on it if I were Mr. Michelin, but that is different than unauthorized practice of law.
« Last Edit: July 17, 2018, 12:10:05 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.


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Re: Higbee followup
« Reply #61 on: June 21, 2018, 08:53:00 PM »
Notice how Chan does not answer the question about what states Oscar Michelin is licensed to practice in????????

He cannot answer because Oscar Michelin and his law firm Cuomo LLC Law Firm are only licensed to practice law in New York.  See for yourself at   Oscar Michelin has been engaging in unauthorized practice of law when he undertakes representation of people when the claim has no connection to New York.   He and Chan are scam artists.

How long before someone reports Oscar Michelin  and Cuomo LLC for unauthorized practice of law???   Why isn’t Oscar Michelin's name and Cuomo LLC’s name all over yet?

How many minutes before Mr. First Amendment Matthew Chan or one of his mouth-breathing admins delete this post and my account????????????

Well, well well...

When IP addresses get logged in a database trolls are not anonymous as they may think...
I'm sure the site Admin has better things to do but if one were so inclined....  ;)


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Oscar Michelen

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Re: Higbee followup
« Reply #62 on: June 24, 2018, 12:10:56 PM »
I have stayed off the site for some time because quite frankly Matt Chan and others do an excellent job of responding and providing information and frankly a large bulk of our work on ELI has been accomplished - we have pushed back, diminished or eliminated countless trolls and scare tactics over the many years ELI has been operating. I have helped over 3,500 businesses and individuals in these claims including some brought by some excellent, capable and large law firms. Its curious none sought fit to report my "unlicensed practice of law."  Here's why: 1. I am merely responding to a claim letter (often sent to a State by a lawyer who is not admitted in that State by the way) 2. The claim is  based on Federal copyright law. 3. The client retains me in NY (I am also admitted in NJ btw as is my law partner). 4. The client is advised that if the matter proceeds beyond the initial letter or into suit, they need to retain local counsel. FYI In such cases, I have been admitted pro hac vice (for just that case) in several states around the country 5.  It is generally understood around the country by attorneys and Bar Associations alike, that this does not violate the unlicensed practice of law. Finally - rather than say "This site is a joke" without any specifics, the work of this site, the contributions of its members and participants speak for itself. As for me, I have been practicing law for over 30 years,served as  an adjunct professor at 2 law schools, written countless scholarly articles, been designated and testified  as an expert in several litigation matters, been honored for my pro bono work in various fields, exonerated 7 men in the last 14 years who were convicted and jailed for crimes they didn't commit (combined time served over 110 years), serve on various non-profit boards, etc etc . I am not worried about my reputation friend. Folks who I have helped through this site and who I continue to help are getting some of the best legal representation in the country at a rock bottom price because I believe in what ELI does and am deeply opposed to the copyright trolling schemes we fight against. You want to report someone? How about reporting these lawyers engaging college students and interns to send out these boilerplate letters scaring people that they can be criminally prosecuted or face $150,000 in damages per image for hosting a digital image of a cactus on their Mommy and Me blog for three months with 25 views? That might be more productive 


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