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Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause
« on: October 02, 2017, 02:52:00 PM »
Thank you to all of your forum members for their interest in this case. Please don't be jealous of my aol account. I may change it someday. Yes I have an account through my law firm, but this started out as such a petty matter, I thought it would wrap up, used my old aol, and well, here I am. I do not have a great deal of time to use the forum, but want to support an active community fighting these lawsuits. Yes, they had my client's check in their possession. In fact, my client signed their release and returned, it, correcting some errors, and drawing a line through confidentiality clause (which is almost undoubtedly unenforceable anyway). They returned the check and filed suit. Ironically, they have undermined the confidentiality they claim to seek in a manner which cannot be undone. Interesting to see what the Federal Court will think of that. I will certainly do a FRCP rule 68 offer immediately after responding. I think that showing the public what goes on here is important not just for this one case, but for an "extrajudicial business model" driven by dishonest representations of legal repercussions to the primarily innocent infringers whom have inadvertently been misled, sometimes by the photographers themselves or those acting their behalves. Yes, I am the defense attorney in this case. Yes, I am fine with public scrutiny of what I have done. My client has done nothing to be ashamed or embarrassed of, either in innocently posting what he reasonably believed was an image in public domain, or in offering to settle for $1000, more than the case should be valued at.