LAVELY & SINGER
President and Chief Executive Officer
The Western Capital Group of Companies
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The Malinchak Reaction
Author == SD 31 March 2011 65 Comments
… or something.
Of course :: I’m a just fake robot so what do I know but parody?
My recent James Malinchak {aka fucking scammer} post landed on ole’ cuzin Malinchak like a plague of biblical frogs :: and he no likey. I mean :: hello :: he’s trying to launch a scam frauduct off the back-end of a BS television appearance over here … and this ain’t helping.
He better do something about it … like … um … like … um …
Says James Malinchak to the large mirror above the double sinks in the empty master bedroom of his empty Henderson McMansion …
{stupid overload!}“FUCK! The Droid. FUCK!Think Malinchak think!There’s no “I” in think!No fuck … wait … yes there is!Or is there?Arrrggghh!!I’m from a steel mill town where people lived with their homes and their pants and you can’t do this to me!”
So instead of thinking up a plan with his defective thinking equipment :: James Malinchak {scammer} called a hush law firm. Cause that’s how ABC’s super charitable Secret Millionaires roll {like mega dicks}.
The law firm of Lavely & Singer agreed to represent {stupid fucking scammer} James Malinchak in his efforts to once again bring silence to the voice of the abused victims … sort of.
Lavely & Singer did send a Cease & Desist letter :: but to the wrong motherfucking cowboy. Tom Antion :: a well liked veteran in this bizarro ”industry” :: mailed his list about my Malinchak post :: quoted from it extensively :: and retracted a previous endorsement which he has come to regret. The big scary law firm sent the C&D to Tom instead of the fake robot :: weak ass threats by proxy …
According to the Wall Street Journal law blog :: Lavely & Singer is the law firm that helped cover-up some of Tiger Woods’ shenanigans. They also represented Reese Witherspoon {in the incident involving Reese Witherspoon} :: and author James Frey {who made Oprah look stupid without killing anyone}.
The letter is stuffed with case law and scary legal words and concepts :: it’s definitely the most impressive threat letter I’ve seen to date … they’re usually pretty ghetto.
Blah blah bullshit!“All of this demonstrates your malicious intention to harm my client’s reputation by spreading outrageous demonstrable lies. Your conduct exposes you to very substantial liability for defamation, false light invasion of privacy, tortious interference with contract, and interference with prospective economic advantage, among other claims. Moreover, if you continue to engage in this course of wrongful conduct, doing so will exacerbate that liability exponentially, potentially exposing you to liability for compensatory and punitive damages of tens of millions of dollars.”
They might just have a point there if James Malinchak wasn’t such an obvious scammer. But he is … so they don’t.
More …
Quoting me :: complete with alt-punk-punctuation and everything. They are “pointedly calculated” words :: that’s for sure :: but rather than lies they are a true reflection of James Malinchak’s horrible reputation. You may think that Tom can’t be held liable for quoting my fake robotic opinions about how much turd sucking James Malinchak and his messed up face do … but Lynda Goldman of Lavely & Singer has already pretended to think of that …“Your offensive and harmful false Statements include referring to my client as an”unethical ” “money stealing” ” scammer ” who provides “No value :: no service :: no refunds :: no nothing” to his customers. Those lies are pointedly calculated to harm my client’s reputation.”
Lynda Goldman of Lavely & Singer is expressly and impliedly calling The Salty Droid a liar. Such an obvious liar am I that other people quoting me is an actionable tort in and of itself. Given that my whole reputation :: and the success of this project :: hinges on my perceived veracity :: I’d say that Ms. Goldman’s unfounded statements and hurtful allegations do themselves rise to the level of defamation. Maybe I’ll send Tom Antion a C&D over his republication of Ms. Goldman’s defamatory words {or not}.“To the extent that you attempt to claim that in your emails peppered with defamatory statements you might have paraphrased or lifted from other sources and that you are therefore not responsible for stating that Mr. Malinchak is a “money stealing” ” sociopath,” etc., any such argument would fail as a legal defense to defamation claims, since you will be deemed to have adopted those defamatory statements as your own. See, e.g., Khawar v. Globe lnt’l, Inc., 19CaI.4th 254, 79 CaI.Rptr.2d 178 (1998) (“one who republishes a defamatory statement is deemed thereby to have adopted it and so may be held liable, together with the person who originated the statement, for resulting injury to the reputation of the defamation victim”); see also, Jackson v. Paramount Pictures Corp., 68 CaI.App.4th 10, 80 CaI.Rptr. 2d 1, 27 (1998) (“When a party repeats a slanderous charge, he is equally guilty of defamation, even though he states the sourceof the charge and indicates that he is merely repeating a rumor”); Srnolla, Law of Defamation (2ndEd. 2004) Vol. 1, §4:91 (secondary publisher, or republisher, may be liable for defamatory publication). Be advised that “[r]epetition of another’s words does not release one of responsibility if the repeater knows that the words are false or inherently improbable, or there are obvious reasons to doubt the veracity of the person quoted or the accuracy of his reports. . . . “Goldwater v. Ginzburg, 414 F.2d 324,337 (C.A.N.Y. 1969). That is the case here.”
Lavely & Singer style themselves as an Entertainment Law and crisis management firm. Their efforts to shut-up the celebrity press are of zero interest to me. Don’t care about who Tiger Woods screws :: don’t care if people want to expose who he screws :: don’t care if lawyers try to shush people who are going to expose who he screws. Don’t care. Exploiting the fame of celebrities to sell trash papers is big business :: and those celebrities have the right to fight back {I guess}. If your name is a $50 million brand :: then you’re probably going to hire lawyers to protect that brand. Fine.
But James Malinchak isn’t a celebrity trying to keep his private life private :: he’s an asshole that’s fleecing innocent and naive victims. His reputation isn’t being damaged :: it’s being exposed. If dissent is silenced … he will do more harm … there will be more victims.
I’m hoping that Lavely & Singer want to be an Entertainment Law Firm … and not a Facilitating WhiteCollar Crime Law Firm. I’m hoping that they just made a mistake :: and that they wouldn’t send a 1st Amendment slighting C&D regarding a public figure if they thought that public figure might actually be taking sad middle-aged ladies for five-figure sums. Because that wouldn’t be ethical :: and I don’t imagine it would help attract new celebrity clientele.
But if Lavely & Singer are itching for a fight :: if they want to be a part of a continuing global conspiracy to separate the credulous from their monies :: if they want to be a part of keeping speech chilled :: victims voiceless :: and change impossible :: then …
I’m most definitely their motherfucking huckleberry.
>> bloop bleep
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:: read one now before you die of stupid.
No offence.
March 31st, 2011 at 6:16 pm
@Beowk ::
Not true.
Some lawyers are worse than useless garbage who do more to harm society than all the world’s murderers put together.
And some lawyers are heroes {John Adams :: Thurgood Marshall :: Gandhi} :: and the only ones with the fucking stones to stand up to powers of oppression.
ALL the “celebrities” featured on this blog are useless :: and there is no alt-version of them that is useful.
Derschowitz knew the truth about von Bulow … didn’t he?
If Lavely Singer see evidence of Malinchak’s scamming (like all these chuckleheads, he doesn’t do much to hide it) would they stop representing him?
Or do they just take a check from anyone willing to pay the number they quote and say “fuck it” to all the rest.
One wonders.
March 31st, 2011 at 3:46 am
March 31st, 2011 at 6:25 pm
@Vern ::
Maybe they didn’t know.
Did George know?
I doubt it.
People :: including lawyers and celebrities :: tend to think that no one would lie right to their face … and they don’t have incentives to investigate when money is on offer. James Malinchak convinces people that he’s something he’s not for a living. It’s not very hard.
Go get them! I briefly had a lawyer from L and S represent me to negotiate some film rights to my life story. I would up getting $1 for a year option. Nice work there….
BTW, Mala-chucks-dick is also a public figure, so the burden of proof is much higher as he has to show that any defamatory statements were made with knowledge that they were false or with a reckless disregard for the truth.
RJ..ex litigation paralegal with Tuverson and Hillyard
March 31st, 2011 at 6:29 pm
@Ross Jeffries ::
Maybe L&S should dump you and Malinchak and take up my defamation and public accommodations claim against Twitter.
I suspect that Twitter has more money than Tom Antion.
One more thing: here in California, we have an Anti-SLAPP(Strategic Lawsuit Against Public Participation) statute. Anyone who tries to sue for defamation in a situation where the defendant is participating in a public forum on an matter of public interest, faces serious odds against prevailing.
March 31st, 2011 at 6:37 pm
@ZILA ::
I recall at one time it was just terrified :: so I guess that’s an improvement.
March 31st, 2011 at 6:41 pm
@syndicate h8r ::
Sort of :: but not really. Lawsuits are an expensive waste of time … both ways.
I doubt Tom wants to sue :: he just wants to apologize to his trusted customers and make sure it’s clear that he no longer supports such an obvious bastard. That’s what EVERYONE should be doing :: that’s what EVERYONE is obligated to be doing … and yet you can still count on one hand the number of people who actually have.
Not impressive.
{head down : fist raised : fight the power}
March 31st, 2011 at 9:49 am
@willis ::
Put up your fists if all you want is FREEDOM :: put up your fists if all you want is FREEDOM
{raises fist}
March 31st, 2011 at 9:13 am
@Martypants,
lolol
March 31st, 2011 at 9:54 am
@Martypants ::
His dentist is probably a minion of James Arthur Ray who disfigured him in order to give Ray a competitive advantage in the biz.
On top of everything else, I can’t believe they want to tell him what he can post on his Facebook page! They are funny lawyers.
I too understand the whole “reputation management” thing but the 1st Amendment protects the TRUTH. If what you’re saying is true, or if you state whatever the hell you want clearly as your opinion, you’re entitled to it. State law be damned. It looks like these attorneys are treading painfully close to restricting Antion’s constitutional rights.
But then again — that’s why I was never an attorney (thanks, mom, for never pushing me there).
Once again, nice stuff. This guy is so totally over-the-top screw-em-all it’s not even funny. I’d LOVE to see the discovery flying HIS way, too.
March 31st, 2011 at 9:16 am
@Poop Chute,
Salty will need to register a new URL called the DroidDiscoveryChannel.com
I’ll comment there ;)
March 31st, 2011 at 6:45 pm
@Poop Chute ::
They ain’t going to sue me dog :: not in the cards. No one will even talk to me. No C&D’s have ever been served to me directly.
The question here is whether or not I will back off of them :: not if they will back off of me.
March 31st, 2011 at 11:57 am
@Jimmy Ray, Quite literally, laughed out loud. Simple+direct=funny! I got $5 I am willing to throw in there too.
April 1st, 2011 at 3:22 am
@Martypants,
I will match your $5, and raise $10.00
April 1st, 2011 at 7:22 am
@Jimmy Ray, In that case, I’ll see your raised punch, and add-in a spin-kick. Or maybe some brass knuckles on the punch, so more breakage is ensured.
And it would only be right if the video of this glorious brutality is shot in an empty Vegas show home.
Oh my… does that make me liable for having supported the “libelous” source of Munchindick’s pain? :-)
March 31st, 2011 at 11:36 am
And everyone: For the benefit of those who don’t know, this is the GOOD Li_Kuan. He’s on our side.
March 31st, 2011 at 8:03 pm
@Li_Kuan,
Saaaay, now that you mention it, we have several wild tom turkeys that do that very thing outside our windows now and again. It’s spring afer all, and they walk around puffing themselves up reeeeeeaaaalll big and spreading their tail feathers wide hoping to psych each other out. It’s quite amusing and can go on for some time. From now on, I think I’ll imagine skanky-lawyer-types as puffed-up turkeys with no substance and deserving of no respect.
March 31st, 2011 at 6:47 pm
@Cosmic Connie ::
… mistake.
Personally, I enjoy the parody and public forum provided by this website.
However, the fact that these weekly parodies serve as conversation starters is moot isn’t it…?
I mean, I’m not from a small steel mining town or anything fancy like that, but doesn’t – 485 U.S. 46 Supreme Court Ruling clearly state: “First Amendment’s free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.”
I mean, I don’t have a low IQ like James, but when Chief Justice William Rehnquist said (in the official opinion):
Maybe you can clear it up for me, but as far as I can tell, “Intentionally Inflicting emotional distress on public figures” is a Constitutional Right Unanimously backed with precedents set by the Supreme Court. As long as you believe what you’re saying is true, it doesn’t need to be substantiated, parody, or satire, you’re allowed to say whatever you believe.
And, according to that ruling, “deliberately attempting to harm someone’s reputation and / or cause them emotional distress” is totally protected by law as long as you believe what you’re saying…
So while I sincerely hope the bloodsuckers at Lackey & Scumbag allow you to be their Mother Fucking Huckleberry… It’s not going to happen, there’s no case here.
Their C&D is an a total bluff…
The funny thing is, since James knows his allegations against Tom are unfounded, if he makes one public statement refering to Tom’s actions as libelous, then technically, James would meet the criteria for an actionable defamation suit…
End Note: To Lackey, Scumbag, and James – Sue the Droid, come on, do it for the lulz, stop being pathetic and file a fucking suit you pussies…
sine qua non: (ie. Only a pussy is disturbed by being called a pussy, thus rendering it factual. If someone calls you a pussy, and you file a C&D, the C&D merely substantiates the claim that you’re a pussy.)
In other words: Unfounded threats to sue Tom for “tens of millions of dollars” prove the the claim that you are a money stealing scammer. So unless you file the suit and win, you’re found guilty in the court of popular opinion and your reputation is fucked…
PS. Get Alexa Sparky — compare, contrast, and extrapolate (and realize how many people are watching)…
A Bone: To save you time on the obscenity argument, there is a clear legal distinction between obscenity and profanity…
March 31st, 2011 at 11:41 am
@Injun Samurai, “…Only a pussy is disturbed by being called a pussy, thus rendering it factual. If someone calls you a pussy, and you file a C&D, the C&D merely substantiates the claim that you’re a pussy.”
LOL. Of course this reminds me (as I’m sure it does many of you) of Bill “Hollow-Sink” Harris and The Silencing of the Lambs. I know you linked to that above, Salty, but here’s the link again for those who don’t feel like scrolling up. http://saltydroid.info/silencing-of-the-lambs/
March 31st, 2011 at 6:48 pm
@Injun Samurai ::
Nice!
April 1st, 2011 at 3:21 am
@Injun Samurai,
Yes please someone (BallsInCock)sue the droid, that would be some fake reality tv show shizz that I would definitely watch!
April 1st, 2011 at 2:31 pm
@Injun Samurai,
I am impressed by your knowledge. Do you or salty have any recommendations that are credible for the lay person to better understand first amendment rights?
April 1st, 2011 at 5:52 pm
@Fascinated,
Thanks Fascinated, that’s nice of you to say…
My background is actually in legislative law, so I’m not really a good source for ‘lay’ stuff… (my knowledge of the intricacies and subtleties of civil law consists of a formidable roladex)…
But if you are serious about getting a basic knowledge of this stuff, $12.70 spent on ‘U.S. Constitution For Dummies’ (available at Amazon) will go a very long ways towards giving you an overview and getting you conversant quickly…
Also, cheap, easy, and lay is to rent: “The People versus Larry Flint” and “Howl” – two great movies on Freedom of Expression which both address the “Obscenity versus Profanity” issue which is what all of us are hoping the Lackey & Scumbag attorneys go after if they try to get Salty…
Free, easy, and quick is to do a google search on “Profanity versus Obscenity” and you’ll get host of articles that will get you up to speed on the limits of freedom of expression…
Basically, everything Salty and Tom have done so far with regards to James is totally legal and protected by law, no court would ever bother hearing it…
But I think the actual C&D James, Lackey & Scumbag wrote (not filed) falls under: “Threatening, Belligerent, or Coersive with the Intent to Obstruct Commerce” – across state lines making it both a civil and trade federal offense…
It’s funny, because Salty and Tom’s right to ‘Intentionally Inflict Emotional Distress’ on James is protected by law… But because James et al threatened Tom in writing, they’ve potentially committed a federal offense…
In other words, you can’t threaten to sue someone if you know you have no case, that’s coersion and it’s illegal. You must believe you have a case before filing a Cease and Desist…
But that letter, unless it bogus is not a legal document, you’ll notice it says “Our File Number” where it should say “Case Number” they’ve never filed a Ceased & Desist order, it’s a just threat…
See, being belligerent is one thing, that’s freedom of expression, but threatening to do someone physical or monetary harm is an entirely different thing, it’s not protected, it’s illegal… When commerce and statelines get involved, it ‘exacerbates exponentially’.
So what’s funny here, is that if pressed, James and the Lackey & Scumbag attorneys will need to prove that they believe they have a case, that they never made a threat, and the only case they could possibly have is to say “Salty is Obscene” – See, obscenity isn’t protected, but profanity is…
There are finite tests for obscenity, but in the end it basically boils down to: “Obscenity is any statement or act which strongly offends the prevalent morality of the time…”
So the reason I personally hope they take Salty up on his offer to be their Huckleberry is that the case will inevitably come down to updating Morality…
But none of this will ever see a courtroom…
But then again, what I do know? I use a roladex for these sorts of issue, there’s only one true Human Right’s violator on Salty’s roster worthy of facing off with Salty in court… That’s what I’m really looking forward too…
End Note: It’s worth noting that once you get up to speed, Salty’s posts take on a new light because you’ll start to notice how deftly he tows the line of the law… His ability to be vulgar, profane, incendiary, and vitriolic without ever crossing over into libel or obscenity is truly a work of art…
April 1st, 2011 at 10:51 pm
@Injun Samurai, Thanks! I will be busy checking out those resources. Your insight and expertise is appreciated.
You know what I mean?
Malinchak could have handled this like a man. Instead, he went to lawyers crying like a bitch.
Alas, sicking the lawyers on someone first shows guilt more than anything else. That’s what I perceive anyway. It also makes me wonder, how many other people have gotten a letter like this and been bullied into complying?
That’s my opinion.
April 1st, 2011 at 12:46 am
@Rafael Marquez, it is so funny, he sent those two lawyers after a man that quoted SaltyDroid. If they are so upset with him quoting , then they should have sent that C&D to Salty FIRST. He is the source. Even the lawyers are afraid. lol too funny
“We cannot overemphasize the seriousness of this matter. If you disregard the foregoing demands, you do so at your peril.”
I haven’t laughed so hard since Ricky Gervais roasted Hollyweird at the Golden Globes!
March 31st, 2011 at 6:43 pm
@Bullshit Detector, I was also wondering about it because before they told me about it I thought probably they were in danger of overemphasizing it but then they told me they weren’t so I knew I was wrong then.
“James Malinchak endorsed by Davy Tyburski, Mastermind Group”
http://ag.ca.gov/consumers/general/samp.php
22 other states also have similar requirements:
http://www.ftc.gov/bcp/franchise/netbusop.shtm
The FTC also has stringent requirements:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=7fb172a7c5e183d29bce19e7031fab8e&rgn=div5&view=text&node=16:1.0.1.4.55&idno=16
March 31st, 2011 at 6:51 pm
@Left Hook ::
James Malinchak isn’t in compliance with any Acts!
of course … that’s just my highly educated and informed expert opinion … take it for what it’s worth {way more than your stupid opinion}.
blessings
Question:
Let’s say one of these guys sued you.
Could you get the records of their associates (aka affiliates)?
I think you said something about this before.
If some of you buy stuff from godaddy then you should know that their CEO is a murderer and a fucking coward who kills animals for pleasure.
His response is even worse.
March 31st, 2011 at 11:32 pm
@Fuck-Godaddy,
Wow–that just makes me ill. Elephants are such cool creatures. It boggles the mind how callous and completely removed from feelings of connection and compassion this guy must be. Just gross. I will never ever buy anything from Go Daddy again.
April 1st, 2011 at 6:57 am
@scammed,
True. And not only that, he is a motherfucker Leopard killer as-well.
Watch in the video how he mention that killing Leopards is great for economy and foreign currency.
Fucking idiot!
April 1st, 2011 at 12:26 pm
Hidden due to low comment rating. Click here to see.
Especially when they’re stampeding through your crops and ruining your food supply. Coolamundo.
Sometimes you just have to call a spade a spade.
March 31st, 2011 at 8:39 pm
@StechDoes,
thank you – that will come in handy in my correspondence…
Of course, that’s all just my opinion, however.
but then later by the ending part of the letter they said
Maybe it’s some new-fan-gold sort of “silent negotiation” tactic.
‘I’m most definitely their motherfucking huckleberry.’
Who knew Robots had BIG balls…
I knew a Linda Goldman not Lynda Goldman. The Linda Goldman I knew was a HUGE Slut
Many called her Whore Linda Goldman and Linda the slut Goldman.
http://www.worldwidewords.org/qa/qa-huc1.htm
http://paisolafacts.blogspot.com/2007/06/anthony-robbins-sends-in-pit-bulls-at.html
So I guess they are professional trolls.
Fine.
Game on skanks.
April 1st, 2011 at 9:04 am
Hey Lavely & Singer ::
I’ll be over here all day … http://saltydroid.info/james-arthur-ray-trial-updates/ :: and here http://twitter.com/RayShouldPay … doing my bit for the dead.
And you?
Oh that’s right … you’ll be propping up the assholes doing the killings.
Anywayz :: maybe we can talk later once we’re each done doing our part for the day.
April 1st, 2011 at 11:02 am
@SD, yeah, take ‘em out for a beer.
April 2nd, 2011 at 1:54 am
@SD, This is Robert Paisola and I am the CEO of Western Capital Multimedia. Thanks so much for showing the public what we do on a daily basis to protect our clients from people like this. You would never believe how much money that have offered for us to take down our posts, but we never ever will.
The voices are gathering and the voices are being heard and change is the result that you are seeing around the globe.
We assist the pitbulls, we go after the bad guys and we NEVER EVER STOP
To your success
Robert Paisola
President and Chief Executive Officer
The Western Capital Group of Companies
http://www.RobertPaisola.com
http://www.MyCollector.com
http://www.WCMTalent.com
http://www.Facebook.com/RobertPaisola
http://www.WesternCapitalMultimedia.com
But why do you want to go fishing for sharks?
April 1st, 2011 at 4:57 pm
@Fake Non-Droid, Don’t confuse a shark with a bottom-feeding catfish wearing a rented shark costume.
http://www.warriorforumsucks.com/2011/03/james-malinchak-empty-head-empty-house.html