Messages

61

Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: October 02, 2017, 01:52:23 PM »

Interesting, the info was visible on an ipad but it does seem to be blocked off on a desktop browser.

Can't really see anything without registering for an account. However, the information you have to give to register for an account is too invasive for my taste.

I found this which lists all the changes his operation goes through since it is almost impossible to keep track of the turnover. Looks like he started out doing bankruptcies. If you want to track people that leave their jobs check out the multiple twitter accounts they have, they list jobs there. One copyright case manager only lasted a few months before they were hiring the same job again.

https://www.matchdeck.com/company-monitor/company/10289439/profile

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: October 01, 2017, 10:08:26 AM »

I used to think that would be the case but with some things I've seen I'm not 100% sure Higbee is following the traditional client interaction. First, he pitches to clients like a personal injury lawyer with the "nothing out of pocket" and no fee unless they win. That makes me think Higbee is fronting filing fees on cases he thinks are worthwhile, not necessarily the client's decision in practical terms. https://www.higbeeassociates.com/practices/copyright-law/copyright-infringement-attorneys/ It will come off the top in the settlement, but if the client isn't involved in the decision making they aren't doing the math in deciding if paying the fee is worth it. Like with that confidentiality case, paying that extra filing fee is probably going to result in the client getting less at the end of the day unless Higbee gets a big win above the amount they accepted. I genuinely wonder if Higbee made that filing call without direction from the client based on #2.

Second, I've seen some sort of power of attorney he is passing around which claims to give him complete control over the matter from his client. That could also extend to choosing to file or not, I don't know.

If he gets nowhere with the Youngson cases I still would not be surprised to see one token filing just so he can make people think he's serious, and then the case either settles or gets dismissed before Youngson needs to come to court. In his mind, he will probably make up the $400 from other settlements if people thinking he is serious because of it. It's a big game of chicken.

Youngson would have to give Higbee the okay to file, which i doubt he will do, based on the fact that he's in the UK and won't show up, and based on the fact that his honeypot experiment has been exposed. I think the odds of him winning a lawsuit would be very slim at this point. Higbee will continue to attempt to extract monies with the veiled threat of an impending suit to get whatever he can from those uneducated. Such a slimeball Higbee & Associates

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: October 01, 2017, 08:40:19 AM »

So I guess Higbee is still pounding sand on the Youngson cases despite all his 14 day deadlines etc.? I haven't found any filings for Youngson or RM Media. For the people dealing with this for a long time, is his last gasp the draft lawsuit? He probably doesn't want to eat the $400 filing fee for a plaintiff he knows won't show up. He seems quick to file like with that confidentiality clause filing in another thread so dragging his feet on these reveal a lack of confidence.

64

Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 30, 2017, 10:59:07 PM »

I found this which lists all the changes his operation goes through since it is almost impossible to keep track of the turnover. Looks like he started out doing bankruptcies. If you want to track people that leave their jobs check out the multiple twitter accounts they have, they list jobs there. One copyright case manager only lasted a few months before they were hiring the same job again.

https://www.matchdeck.com/company-monitor/company/10289439/profile

65

Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 30, 2017, 07:24:20 PM »

That's awesome lol.

The Higbee & Associates website certainly posts LARGE photos of their lawyers!

Egos on parade.. Naomi thinks shes model material too..

https://pbs.twimg.com/profile_images/755244758/l_685d175318689233f579d353461a0409.jpg

66

Higbee Associates Letter & Lawsuits Forum / Higbee's Greatest Courtroom Hits

« on: September 30, 2017, 04:58:10 PM »

So check out this Motion to Strike Higbee filed in a case. You might notice the parties listed on page 2 Under I. are not the parties in this case. Cut & Paste gone wrong. How embarrassing for him.

https://drive.google.com/open?id=0B6ZBMFkSS0ADcHJzVDRMYnZ6aXM

Now this. Higbee was trying to avoid leaving his desk in California on this case, using hired local guns instead. I guess the judge got tired of it, he ended up getting an order to personally appear lol

https://drive.google.com/open?id=0B6ZBMFkSS0ADWG4xbWI1MXJvdXc

Then when the conference finally happens, I guess the judge felt sorry for the guy and let him appear by phone instead of in person.

https://drive.google.com/open?id=0B6ZBMFkSS0ADTWRYVldfODhPMkE

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 30, 2017, 04:19:28 PM »

Your comment jogged my memory when I was looking up some of his other filings they were getting encouraged to have the Magistrate hear the case over the sitting judge.

Icepick,

Good stuff you are posting and sharing. Thank you.

And I have it on pretty good authority that federal judges HATE these kinds of small-fry lawsuits and there is a fair amount of pressure to make it go away (settle the damn thing). It makes the plaintiff and the lawyer look petty.

This is why I generally tell victims that they should put IN WRITING an at least one offer to settle and keep that letter on file even if the settlement amount is smaller. It takes away the argument that the defendant didn't try and helps make the case that the plaintiff is being too greedy.

Another interesting fact is it was filed in Oregon where the defendant was. The Plaintiff appears to live in Washington state. Still closer to the courthouse than Youngson is. I'd love to hear more from this Attorney on his dealings with the Higbee outfit.

I'm not an expert, but I think the defendant can shield himself from the attorneys fees and costs with an offer of settlement that is equal to or more than any judgment plaintiff wins. That would force Higbee to decide if they want to go out on that limb and pay those costs + court time over a confidentiality clause.

And I laughed that Higbee demanded a jury trial in the petition, I would think defendants would make out better with a jury in Higbee cases than he would.

68

Higbee Associates Letter & Lawsuits Forum / Re: If You Want To File a Complaint Against Higbee

« on: September 29, 2017, 12:29:22 PM »

Here is a link to a pre-filled California bar complaint form. The blank portions are at least fillable electronically.

https://drive.google.com/file/d/0B6ZBMFkSS0ADZ3BFeHBwczRjbE0/view?usp=sharing

69

Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 29, 2017, 11:54:49 AM »

Found another suit he recently filed for the same photographer. The interesting thing here is defendant removed the image from the page it was on, but it was still on the server so Higbee is going to push for willful infringement based on that. So delete the images from your server also.

https://www.unitedstatescourts.org/federal/ord/133130/

This is purely a guess, but if he can get $1,500 settlements for paying $400 filing fee + at most an hour drafting time I guess he still makes enough to keep going.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 29, 2017, 11:36:56 AM »

Everything Higbee does just seems so amateur hour. That petition is written mostly to scare the defendant.

First, if he is serious in copyright litigation he knows statutory damages are per work, not per infringement. He messes that up in the petition, probably on purpose to see if the defendant knows the rules to strike it.

Second, #26 and #27 are not appropriate parts of a petition and those plus the email exhibits should be stricken and force him to re-file.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 29, 2017, 11:26:59 AM »

Another interesting fact is it was filed in Oregon where the defendant was. The Plaintiff appears to live in Washington state. Still closer to the courthouse than Youngson is. I'd love to hear more from this Attorney on his dealings with the Higbee outfit.

I'm not an expert, but I think the defendant can shield himself from the attorneys fees and costs with an offer of settlement that is equal to or more than any judgment plaintiff wins. That would force Higbee to decide if they want to go out on that limb and pay those costs + court time over a confidentiality clause.

And I laughed that Higbee demanded a jury trial in the petition, I would think defendants would make out better with a jury in Higbee cases than he would.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee & Assoc. Lists RM Media Ltd in Nick Youngson Template Lawsuit

« on: September 28, 2017, 07:16:52 PM »

I don't know if it was ever pointed out in other threads but the Alex Wild cases he did file in Texas this year were because the plaintiff was located in Texas. So he will file where the plaintiff is, not necessarily just in California. Youngson is a reach from the U.K. in my opinion.

That is what I have been saying all along.

People keep looking at Higbee because he is the "front man" but Youngson is conveniently hiding out in the UK. If he filed a lawsuit (Under who? Youngson or RM Media?), he would have to show up.

And regarding the "rumors" of switching to Sanders, I would like to know more. I have not heard this.

Plus Youngson would need to come to the US which I don't see happening, especially if the rumors of him switching to the Sanders law firm are true.

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Higbee Associates Letter & Lawsuits Forum / Re: Higbee client's lawsuit/ Failed settlement over confidentiality clause

« on: September 28, 2017, 07:14:05 PM »

That's good info. I'm a little confused/surprised with the defense attorney using an AOL email address. It just looks off, might not be practicing much.

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Higbee Associates Letter & Lawsuits Forum / Re: If You Want To File a Complaint Against Higbee

« on: September 28, 2017, 04:37:06 PM »

It depends on the details but the general rule is a conflict of interest. He is representing someone who wants to sue you. He has a certain result he wants which may conflict with giving you the independent advice that your attorney is supposed to give you about the insurance in this example. It is an ethical violation in many states for an attorney to hold himself out to you as representing you and doing what is best for you when he is obviously conflicted since he represents your adversary who wants to sue you. It won't get him disbarred or suspended on the first complaint, but the grievance committees would certainly take a closer look at how he is interacting with his targets and it may scare him straight from becoming a repeat offender.

Most attorneys fear the grievance committees more than anything else because they impact your ability to work more than consumer complaints and civil suits as well as raising insurance premiums.

  For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. 

Can you expand on this?  What specific rule is in violation here?

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Higbee Associates Letter & Lawsuits Forum / If You Want To File a Complaint Against Higbee

« on: September 27, 2017, 04:11:05 PM »

If you want to file a complaint against Higbee I've compiled links for each of the states he is licensed in. All can be done online except 2. I'll probably put together pre-filled PDFs for those 2 later. If you plan on doing more than one, cut and paste the narrative part so you don't have to keep re-typing it. You can file a complaint anywhere and everywhere, I'm not aware of any residence requirements.

If you want help on how to identify the ethics rules he may be violating in your case, send me a private message and I may be able to pull out the key points to hit in your case.

You must have written or recorded evidence: either letters, e-mails, or voice-mails. He said/she said doesn't get very far. His being mean to you doesn't get very far.

But some of the deception he has employed in dealing with his victims can get very far with the right evidence. For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. I can only imagine the other kinds of things he's done after hearing that one.

Here is the link

https://docs.google.com/document/d/1iSKN9w4ztliMzN-L1UE7tVsVPfmOR268C-ZCGNGZqYE/edit?usp=sharing

Update 10/3 - I did some more digging. For every state on that list except Texas and California the rules Higbee is probably most likely violating are Rule 4.1 and 8.4 in each state. Higbee violates 4.1 if he makes misstatements of material facts to non-clients and some of his written statements I've seen might cross that line. Higbee violates rule 8.4 if he engages in conduct involving deceit, dishonesty, misrepresentation, etc which is a bigger gray area that he might be in violation of with several of his tactics. I think that request for business insurance "so he can help you" can easily fit in 8.4.

In Texas, the rules are 4.01 and 8.04. Same rules, just numbered differently. I actually could not find a black letter rule for California, but when I called them they said to file the complaint anyway and they will review it for any violations if applicable.

I'm pretty sure, but not positive, that if he is found in violation in a state where he is licensed in it gets reported back to California and they can take a look that way for any California discipline. And one last twist, the downside of being a "national law firm" is he is subject to ethics rules of every state he is licensed in which can then rubber band back to his home state, the cost of trying to run a big scam.