#16
  1. B afraid.. B very afraid!
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    Have your attorneys determined if they have E&O insurance and/or deep enough pockets that will enable them to satisfy any monetary judgment awarded in your favor? Winning without collecting, sometimes, can be an empty victory.
  2. #17
  3. rod@missionop.com
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    Originally Posted by SEO_AM
    Have your attorneys determined if they have E&O insurance and/or deep enough pockets that will enable them to satisfy any monetary judgment awarded in your favor? Winning without collecting, sometimes, can be an empty victory.
    We only hired them on Monday but suspect that will be included in their background research.
  4. #18
  5. rod@missionop.com
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    Godaddy disabled the content I have claimed is our.

    I suspect the infringing party will not counter claim however I believe we have "actual damages" that our attorney is investigating.
  6. #19
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    Are your attorneys working on contingency or retainer? I would be super cautious if on any retainer basis in moving forward. If contingency, it is on your attorney's dime. You stopped the infringement, damages might be iffy, but if it is a contingency contract you have nothing to lose in going for damages.
  8. #20
  9. rod@missionop.com
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    Originally Posted by SEO_AM
    Are your attorneys working on contingency or retainer? I would be super cautious if on any retainer basis in moving forward. If contingency, it is on your attorney's dime. You stopped the infringement, damages might be iffy, but if it is a contingency contract you have nothing to lose in going for damages.
    Retainer.

    Got the Counterclaim this afternoon. An unexpected gift! A simple court order now will stop this dead... but I have nothing really to lose and everything to gain even if this is a costly lesson learnt in moving forward from there.
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    Good luck with any path you choose to follow. As a CEO over many years I settled in about 80-90% of all litigations. Only went to trial a few of times.
  12. #22
  13. rod@missionop.com
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    Originally Posted by SEO_AM
    Good luck with any path you choose to follow. As a CEO over many years I settled in about 80-90% of all litigations. Only went to trial a few of times.
    Amazingly, that is what the attorney said.
  14. #23
  15. rod@missionop.com
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    Update:

    It took too long to educate the attorney about my SEO model so Godaddy enabled the content after ten business days.

    Today the attorney sent a demand letter that pretty much advised the ex-3rd party customer to settle. Since our rights are registered with the Copyright Office and they only have the unauthorized derivatives (that use to be authorized with their compensation payment) of the original work made for hire where MissionOp has written agreements with the two individuals used for the authorship.

    So far legal fees are $6K plus we paid a $15K retainer.

    <added>It is also understood that they earn $100,000+/month from organic results which they were so proud of once they got saleforce software up and running and we are closing in on 2 months of unauthorized use - so they owe me about $200K+ if I were as ruthless as them.</added>
    Last edited by fathom; Mar 13th, 2015 at 08:11 PM.
  16. #24
  17. B afraid.. B very afraid!
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    Thanks for the update. Fingers crossed that they make a settlement offer or will entertain one from your side.
  18. #25
  19. rod@missionop.com
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    Personally I would rather litigate this matter but the attorney thinks he can get a nice settlement so will let him try.

    I don't really care about the money, I wish to set a legal precedence in what constitutes as risk taking in SEO services.

    If I never take a single action to the end I will never know how valid my processes are.

    This is learning in the hotseat and I had to do that all my adult life.
    Last edited by fathom; Mar 14th, 2015 at 09:48 PM.
  20. #26
  21. B afraid.. B very afraid!
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    Most times, this appears to be the exception, when people say: 'It's not the money, it's the principle',.. Usually it is all about the money.
    Last edited by SEO_AM; Mar 15th, 2015 at 01:12 PM.
  22. #27
  23. rod@missionop.com
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    Originally Posted by SEO_AM
    Most times, this appears to be the exception, when people say: 'It's not the money, it's the principle',.. Usually it is all about the money.
    It's about the future of money in this case.

    BTW Peter like your new design. Hadn't been back to your site since you had the devaluation issue.
  24. #28
  25. B afraid.. B very afraid!
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    Thanks for the kudus. It has been up for about a year now. Likely start refreshing the design once again before too long. Probably add more analysis tools and expand upon the current reports once again.
  26. #29
  27. rod@missionop.com
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    This is a learning experience for me and thus why it makes little difference to me about the factual outcome. The learning curve itself has been invaluable.

    Whether I get any actual settlement that considers retained earnings for a transferable SEO solution, copyright fees, legal expenses, and/or damages none of that comes close to the advancement of my experience.

    All because of a fluke!

    When I first hired my attorney I stated for the record, "it never dawn on me that I would need to protect a client from themselves," but this is how things started.

    I will redact the demand notice and post it in the Jacket's Forum. If you cannot access that forum yet - there is a great reason to advance yourself here.

    In any case, the Demand Letter was sent via FEDEX to the defendant on March 16, 2015. With a response deadline by March 30, 2015.

    No response arrived by the deadline which prompted a discussion about next steps.

    A day later the attorney received a response simply stating they received the letter and passed it on to their attorney. To me an obviously delaying tactic but that is OK because it will take time to create a lawsuit.

    It took me two weeks to teach my attorney enough about my SEO processes so that he would be competent to discuss this without me interjecting.

    I'm sure opposing counsel will not acquire that level of knowledge from their client and I doubt any SEO Practitioner (in lieu) would pay said attorney to learn which taints the knowledge pool on that side. Course they could search Google and find this thread... INTERESTING!

    That said, have no comprehension on how much they believe these are worth:

    1. Willful Intent to Breach Digital Locks (DMCA violation)
    2. Willful Copyright Infringement for 3 months now
    3. Willful Intent to Prevent Copyright Holder from disable their own works (DMCA violation)

    Without adding legal fees to preserve my rights I have calculating this number at $19,500 to transfer ownership to them however every single second I must work with my attorney costs me 11 cents, each minute = $6.33 which adds up quickly.

    They ignored the demand letter for almost two weeks which means my patience is wearing thin.
    Last edited by fathom; Apr 1st, 2015 at 05:31 PM.
  28. #30
  29. rod@missionop.com
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    Our attorney presented four potential options for moving forward:
    a) To contact them again – usually this is not effective (and signifies weakness) although if we did send another letter we would include a copy of the lawsuit complaint that we would intend to file;

    (b) File a complaint against them in the Southern District of Florida – this is an expensive proposition, but is undoubtedly effective and gets their full attention immediately;

    (c) Have (me) attempt to speak directly with them to determine their intentions. As I do have a relationship with the president and have spoken to him before, and emails on cordial terms;

    (d) Do nothing (or give them additional time to respond). This is the cheapest alternative, but it also produces the least effective result.
    I rejected both c & d outright as doing nothing concedes the high ground and while option C might produce favorable results with me having experience in legal negotiations I am not comfortable in this venue without at least one event behind me.

    Whether we notify them in advance of the pending lawsuit before it is presented in Federal Court or we simply file the lawsuit as presented to Federal Court (they will be notify anyway) there is a lot of background work that must be done for both so in theory both a & b are the same thing.

    If we did file a complaint, we would be asking the Court for a preliminary injunction to prevent the further use of our copyrighted materials during the 1 – 2 year pendency of the suit. If such an injunction should be granted, we would be required to post a bond to cover any losses that the defendant might suffer if, after trial, it is determined that the injunction should not have been granted.

    The purpose of a preliminary injunction is to preserve the status quo during the litigation – and, in this case, we would argue that the status quo was when I had access to my copyrighted works and the freedom to remove it from their domain, that is, before the authorization codes were changed.

    The federal court usually requires a bond in the full amount that a judge will determine, and the amount is completely based upon his discretion.

    Based on my understanding of the defendant current organic business as well as their organic business prior to my involvement that would produce a bond amount somewhere between $10,000 and 2.4 million as being the extremes. (suggesting a court battle would last two years)

    It normally costs somewhere between $10,000 and $15,000 for a law firm to prepare and file a complaint that includes a request for a preliminary injunction.

    It should take about 20 - 25 hours of a lawyers time to prepare the materials for filing, and that would include preparation of a Complaint and Exhibits, a Motion for Preliminary Injunction, an Affidavit or Declaration (probably my declaration) attesting to the facts necessary to support the motion, a Memorandum of Law stating our argument why this case should be regarded as one in which the status quo must be preserved, and a Proposed Order ...

    These are what my attorney states as the minimum that we're required to file.

    In general, I was "ALL IN" when I hired the attorney.

    Will post how the settlement goes but I'm already passed that in my head.

    Comments on this post

    • Will-O-The-Wisp agrees
    Last edited by fathom; Apr 1st, 2015 at 05:33 PM.

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