Wednesday, August 29, 2007

QUIXTAR: Clarification

Original Source

August 29th, 2007…

The news yesterday was pretty simple. The Kent County Circuit Court issued a couple clarifications of its rulings from last week. The judge did not change his rulings, just clarified a few sentences.

So, no surprises from where we sat; we thought the rulings were pretty clear in the first place. The TEAM legal team remains oh-for-three — losing every time a judge has heard arguments on the merits.

But of course, that did not stop their class-action spin machine from trying to turn a minor legal procedure into some kind of PR landslide. Irksome.

Allow a little lawyer-to-lawyer communication to cut through the clutter. TEAM’s lawyer is D.J. Poyfair. Mike Mohr is our general counsel.

Dear Mr. Poyfair,

Please stop spinning.

Let’s look at some of the facts and context that you left out of your misleading press release issued late yesterday regarding Judge Sullivan’s most recent Order.

Quixtar agreed with Judge Sullivan’s clarification. You might not know that, since you were not there.
Quixtar IBOs STILL CANNOT promote or sell TEAM materials and functions. TEAM is still under injunction (par. 1-3 of the Order) and still cannot use Line of Sponsorship or IBO information to promote and sell materials that are now banned for use in the Quixtar business.
Why would you leave this critical information out of your PR, Mr. Poyfair? Does it matter to you that leaving this information out exposes innocent IBOs to the risk of serious contract violations?

And, Mr. Poyfair, why did you leave out the other “clarification” that judge Sullivan put in his Order yesterday? New paragraph 5 of the order reads:
“Defendants shall return any and all information compiled by Quixtar that discloses or relates to all or part of the specific arrangement of sponsorship within the Quixtar business, including IBO lists, sponsorship trees, and all IBO or Independant Business information generated therefrom.”

Just tell the truth, Mr. Poyfair. Clarify that spin. Advise your clients to stop selling through our IBOs and return our data.

Mike Mohr

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