Category Archives: Uncategorized

Which Jurisdiction Rules?

intrstate business defamation lawsuits
What happens when two companies battling out a defamation fight are in different states? Which party’s jurisdiction prevails?

Meadow Soprano’s real-life ex-husband, financier A.J. Discala, is entangled in an interstate Ponzi scheme defamation legal battle with businessman Mark A. Nordlicht and seven other defendants. The case centers on accusations about participation in a high-end, but oh-so illegal, $1.5 billion pyramid scheme.

Both parties are flinging financial dirt – and both parties want the trial on their home turf, which brings up a good question:

What happens when one party wants a slander or libel case heard in Court A, but the defendant wants it in Court B?

No two lawsuits are the same, making it impossible to answer the above question definitively. But keep reading to find out which jurisdiction the judge ultimately chose in this interstate Ponzi scheme defamation lawsuit, and why.

You Got Involved With A Shady Financial Dealing; No, YOU Got Involved In A Shady Financial Dealing

Discala is suing Nordlicht and crew because the later spread rumours, on financial blog Alpha seeking, that he was knee deep in the infamous Scott Rothstein Ponzi scheme – a con that ultimately bilked $1.5 billion from market players. In his suit, Discala also claimed that his detractors smeared him to cover-up their own involvement in the same financial house of cards.

Both Parties Want To Plead This Case In Their Home Jurisdiction

Discala filed the claim in Florida, but Nordlicht and the other defendants want the case moved to New York. In support of why it should be a Florida case, Discala argued that:

  1. The affected parties and potential witnesses all resided in Florida and would be unable to travel to New York.
  2. He was a Florida resident at the time of the incident.
  3. Florida was the HQ of the Rothstein Ponzi scheme.

The defendants countered, arguing that since the email in question was transmitted in New York, the case should be tried in New York. They, too, used the “our NY witnesses can’t travel to Florida to testify” card.

Ultimately, the judge ruled in favor of Discala, the plaintiff, and reasoned:

“Given those facts, it appears that at least one party’s witnesses will be inconvenienced or unavailable, depending upon whether the action proceeds in Florida or New York. Under those circumstances, it can hardly be said that the private interests favor the alternative forum, particularly when given the deference which must be paid to the plaintiff’s choice of forum under [the 2013 case Cortez v. Palace Resorts Inc.].”

What Is The Best State To Try A Business Defamation Lawsuit?

Every slander and libel lawsuit is different, so it’s impossible to say which jurisdiction is universally “the best” for a business defamation lawsuit. That said, we have compiled the defamation laws for all 50 states. If you’re thinking of filing an interstate business defamation claim, first review the slander and libel laws for the states in which you could possibly file.

It’s best, though, to consult with a defamation attorney well-versed in interstate business defamation law.

If you’re ready to speak with a defamation attorney who regularly and successfully deals with cross-state issues, get in touch with Kelly / Warner Law today.

Business Defamation Case Study: Pharmaceutical Partner Dispute

contract defamation law
Contract disputes can lead to defamation lawsuits.

It’s a pharmaceutical defamation clash of the titans. In the plaintiff corner we’ve got Vestiq Pharmaceuticals. Monsol RX occupies the defendant’s corner. According to a press release put out by Vestiq’s attorneys, the former is suing the latter for allegedly destroying a profitable sale.

The only source of information for this story is a press release put out by the plaintiff’s attorney. So, as you might imagine, details are scarce. What we do know is this:

  1. The co-president, CFO and CEO of Monsol RX LLC (“Monosol”) and its Co-president is Keith Kendall.
  2. Steve Lutz is the CEO of Vestiq – a pharmaceutical company that focuses on oncology products.
  3. Monsol and Vestiq were engaged in some sort of licensing agreement partnership.
  4. According to Vestiq, Kendall shared confidential information about Lutz.
  5. According to Vestiq, Monsol “wrongfully withheld” approval that would allow for Vestiq to close a profitable sale.

Because of the above facts, Vestiq chose to file a lawsuit claiming:

  1. Breach of contract,
  2. Breach of the implied covenant of good faith and fair dealing,
  3. Intentional and negligent interference with prospective economic relations,
  4. Interference with contractual relations, and
  5. Defamation.

According to the complaint, Vestiq wants both economic and punitive damages, in addition to attorneys’ fees.

Excerpt from the press release:

“We are disappointed that we have had to initiate legal proceedings against Monosol and Keith Kendal,” said Lutz.  “Our board has not taken this decision lightly.  However, given what we believe there are clear material breaches of the license agreement and Monosol’s and Kendall’s wrongful behavior in disparaging Vestiq and preventing it from selling its assets, we have proceeded with legal action to protect the interests and constitutes of Vestiq.”

More and more, we’re seeing business defamation lawsuits arise out of partnerships gone sour. If you’re curious about your legal options when it comes to trade libel, unfair competition or business slander, get in touch with Kelly / Warner today. We’ve successfully handled many business defamation battles on behalf of our clients; we’re quick and discreet; we’re addicted to winning.

Get in touch today about your legal chess move.

Forex Unfair Competition, Trade Libel and Defamation

Forex unfair competitionAt times described as the closest thing to a perfect competition platform, the Foreign Exchange Market is like no other financial exchange. It’s an indiscriminate, deregulated electronic trading outpost where winning is all that matters and rivalries run deep.

Which is why the Forex market is a hot bed of trade libel and unfair competition.

Common Forex Trade Libel (Forex Defamation) Tactics & Accusations

With what types of defamation, trade libel and unfair competition issues must the average Forex trader or vendor contend?

Forex Ancient History

Amazingly, the FOREX market roots go all the way back to medieval times. Back then, like today, different countries’ currency had different amounts of precious metals. So, when travellers crossed borders, a “money changer” would dole out the appropriate currency — and would usually collect a commission. In fact, the infamous Medici family made their fortune by establishing and running the western world’s first Forex bank.

  1. Forex Trader Review Websites & Forums
  2. Social Media Quips & Premeditated Negative Review Marketing Campaigns
  3. Vaguely worded memos and newsletters that paint competitors in a negative light inadvertently
  4. Unflattering Industry Exposes and Investigative Reports
  5. Inappropriate government investigations
  6. Interbank Market Trader Slander

What are common accusations levied against Forex traders that often cause harm to bottom lines and reputations:

  1. Unethical Trading Practices
  2. Faulty Algorithmic Trading Mechanism
  3. Mischaracterization of Trading Practices
  4.  Trade Secret Theft
  5. Regional Customer Service Complaints
  6. Pump and Dump Tactics
  7. “Took My Money and Ran” Schemes

Speak With A Forex Lawyer Today…A Lawyer That Understand The Forex Market

If you’re a Forex trader or foreign exchange market finance firm in search of a lawyer to handle a trade libel or unfair competition situation, contact us.

In today’s digital marketplace, it is best to hire a lawyer or firm well-versed in your niche – regardless of whether or not they’re in your jurisdiction. Kelly Warner has helped countless Forex traders and boutique firms with various trade libel and unfair competition lawsuits. We understand the exceptionally fast-paced – often cut-throat– nature of the industry, we already know the issues associated with the various currency pairs and the difference between horizon, spot, expiry and delivery dates.

Waiting and hoping the situation will go away won’t help, it will hurt. The sooner you clear up your issue, the sooner you can get back to making money. Our law firm has