I am now being represented by Ron Coleman , General Counsel for the Media Bloggers’ Association in an attempt to amicably resolve this issue in a timely fashion.
[Text of Letter Sent to King & Ballow]
Original on Brager, Wexler & Eagel, P.C. Letterhead
April 12, 2007
BY FACSIMILE
Alan E. Korpady, Esq.
King & Ballow
1100 Union Street Plaza
Nashville, TN 37201
Re: “Just Another Pretty Farce” blog/ JL Kirk Associates
Dear Mr. Korpady:
We are counsel to the Media Bloggers Association and write on behalf of our member, Ms. Katherine Coble, in response to your letter of April 10th.
Because Ms. Coble has only now had the opportunity to secure legal representation, we hope and expect that you will give us the opportunity to review the allegations in your letter prior to taking any formal legal action.
Please contact me at your earliest convenience if you wish to discuss this matter. We will in any event follow up no later than Monday, April 16th with a formal response to the legal and factual assertions in your letter.
Thank you for your anticipated cooperation
[Page 2]
Very truly yours,
[signed]
Ronald D. Coleman
UPDATE 4/17/06: Attorneys for JL Kirk & Assocs. contacted Media Bloggers Association attorney Ronald Coleman shortly after receiving his letter stating that the MBA was representing me in this dispute on Thursday afternoon. Both sides expressed their wish to avoid litigation or further aggravation of the situation. JL Kirk’s main concern at the outset was that we communicate their position – which is different from the information originally told to me by a JL Kirk employee – that JL Kirk is not a continuation of the defunct Bernard Haldane company, either in terms of corporate identity or stock ownership, and that JL Kirk’s principal, Kirk Leipzig, is only a former Bernard Haldane employee but did not buy any assets or stock of Bernard Haldane. I can’t vouch for the truth of that statement because I have no first-hand knowledge of the facts, but evidently anyone who wants more information can obtain it from JL Kirk.
As you know if you read their cease and desist letter, the company disagrees with what I have said about them here, but they have told the MBA lawyer that they are interested in discussing this with my husband and me personally rather than litigating in court. I have not decided if I am interested in talking, but I don’t mind the idea of putting this behind me and moving on, and will not write on this topic again.
[...] 4th UPDATE: Legal Fight. [...]
I’m thrilled to know that the Media Bloggers Association and their lawyers have stepped in to help. Three cheers for them.
Good for you and them.
You go. Just so you know, the blogosphere (or the sane ones, anyway) are behind you.
Good for you. Doing it with class, too.
Nice.
[...] Coble lawyered up (pdf) [...]
Great!!
Yay for lawyers!! Sort of. Good for you, though, seriously. And I wish you the best of luck with all this!
Atta girl! Sick ‘em!
This is so of the good.
YES, I’m really glad to hear this.
sweeeeet. On several levels. I’m grateful for the MBA’s willingness to jump into this.
Good for you! You have so many people rooting for you, hang in there.
You go, grrl! I am so glad you didn’t back down.
I very much believe people shouldn’t be libeled. I’m not opposed to people taking legal action who have actually been libeled.
But your post doesn’t even remotely come close to libel. I am sure you know this by now, but for anyone who doesn’t know, for libel you have to prove reckless disregard for the truth and/or malicious intent. Clearly, Kat wrote a first hand account of her experience with JL Kirk and nothing more.
Don’t back down!
Looks like you’re going to be the Rosa Parks of the Tennessee blogosphere.
Awesome.
Actually, Sharon, I think you only have to prove reckless disregard / malicious intent when the alleged victim is a public figure. Who is or isn’t a public figure is, of course, one of the things that the lawyers get to argue about. There are unlimited public figures — people who are public figures at all times and in all situations — and there are limited public figures, who are considered public figures only when you are writing about some particular role they play.
Be sure to establish that the loser pays all your court/legal costs.
John,
Thank you so much for clarifying. You are 100 percent correct. I spent 8 years involved in a case that involved both a public figure and King and Ballow, so my experience and/or knowledge of libel comes mostly from that. The standard is actually much lower for someone who isn’t a public figure. However, if JL Kirk IS a public figure, they have no shot of winning a libel case against Kat. (Not that they have a case without that)
Fortunately, when I was working in media, I was never threatened with a libel suit, but I was certainly aware of it at all times.
Actually, now I’m wondering if JL Kirk is considered a public figure.
Yay for Kat!!! I’m so glad you have legal counsel in your corner now!
Is this the same Ron Coleman who runs the LikelihoodOfConfusion.com blog?
Dang Kat, if I had known that you lived in Southern California, I would have been quick on the bandwagon to offer you pro bono representation. I’m sure Coleman will do a stellar job though. I’m unsure if an attorney will even be needed at this point. Keep us up to date!
Anyone who gets shaken down for nearly five grand to do what you could do yourself would feel the same way you did. All you did was write about your frustration, and let people know about THIS TYPE of racket. They’re all over the place, and job-searchers should know about it. People without current employment shouldn’t be expected to cough up a few grand to find a job, EVER. These firms just prey on people who are in a bind, and it’s despicable.
http://www.consumeraction.gov/caw_employment_agencies.shtml
http://www.bbb.org/alerts/article.asp?ID=268
http://www.rileyguide.com/scams.html
Way too pleasant.
I think you should sue THEM. Seriously.
They’re clearing in violation of the Tennessee Anti-Douchery Act of 1968.
The only reason ppoele think that Idina Menzel was the best was because she was the original, and that’s how ppoele know the show/role. All of them are good, otherwise they wouldn’t be on Broadway.
Just now catching up on today’s events. Awesome on the MBA, that is just excellent.
Good thoughts, karma, & prayers y’all’s way, KC. I know this has not been easy.
You done good.
(A little Hooterville language for you.)
Sharon, please stop offering legal advice. Neither your “understanding” of the elements of libel nor your analysis of the merits of the case are going to do anyone any good, and in fact they could do harm. Seriously. You don’t see me telling you about journalism.
Just jumping over here for the first time from John Carney’s blog….
That crazy broad doesn’t have a leg to stand on….just another one of their scare tactics. Glad you have someone in your corner to beat them back to the dark, slimy place they came from!
Way cool about the Media Bloggers Association.
To “Maggie Lizer”
Ms. “Maggie,” clearly you don’t know Kat or you would know she is a very intelligent woman who is quite capable of deciphering various advice and information.
I don’t believe I have seen you over here or at my place…ever.
What I find so fascinating is how, out of thousands of comments on this matter, mine are the ones you and a couple of other never before seen commenters are writing trying to shut me up.
Could that be because I dealt with King and Ballow for 8 years and know their own words could be used against them in this case on a first amendment issue? (See Cobb vs Sports Illustrated dba Time,Inc–Federal Court–Judge Echols and 6th Circuit Court of Appeal)
Is that the kind of thing you don’t want me to write? Oh that’s right, that info will hurt Kat. Uh huh.
If Kat or her lawyer email me and tell me I am hurting them in any way, I won’t write one more word about this from a legal angle.
Until then, I will share with the Cobles any information I think will help them in this case.
PS,
“Maggie”
Actually, I think I will refrain from posting legal information for Kat. I would hate to worry you and a few others who are overly concerned about what I might have to say to Kat on this subject.
Better I share the info with Kat privately and in a non traceable way.
Thanks for the advice.
‘Here’s hoping that this will be settled quickly and amicably. I don’t know much about the Media Blogger’s Association, but I am happy to hear that you have legal representation.
I do know some of the folks at K&B. I have always known them to be very professional and reasonable people…unfortunately, I think they have inadvertently aquired a client who is neither professional or reasonable.
My very best to you.
This would be a good time for me to urge any blogger reading who isn’t a member of the Media Bloggers Association to join.
aah! you’re fighting it! how exciting! I couldn’t wait to see what you decided this morning
p.s. if you used mastheads, you’d have a couple of good possibilities just today:
-the Rosa Parks of the Tennessee blogosphere (Sharon, above)
-the famous libertarian blogger/internet hero (Aunt B, NiT)
Bill, How does one join?
Fantastic news. I’m sure they thought that they could scare you into taking the posts down. I wouldn’t be surprised if they back down!
The membership info is at this link:
http://www.mediabloggers.org/membership
As of late last year, MBA was actively exploring liability insurance that would be provided to members as a benefit of joining.
http://www.mediabloggers.org/rcox/blogger-liability-insurance
HUZZAH!!
good luck girl in your fight
I too, can never get short letters on just one page.
I read thru the MBA’s membership stuff last night.
It kind of looked to me like most of those of us with purely/almost-purely personal blogs with wouldn’t really fit the criteria. I’m sure many of us, certainly myself, would be happy to make some donation though even if we are not really eligible to join, though, but I also did not find any donation info around? Maybe I just didn’t look hard enough. But I did read thru the membership criteria pretty thoroughly and it doesn’t really look like a blogger like me and some of the other much more personal ones who mainly write about kids or pets or whatever are eligible for membership at all.
I also noted that one has to be recommended by a current member in order to be eligible to join.
All that said, I’d certainly be happy to make the organization a donation stop even if not eligible to join.
[...] big thing is Kat Coble’s situation. It’s well documented out there. It’s ridiculous and I’m totally behind my [...]
The Darwin business model – Part II
Well this morning we find the the environment for the survival of JL Kirk has gotten a little more hostile. Katherine Coble is now being represented by Ron Coleman, General Counsel for the Media Bloggers.
In the spirit of Ed Morrisey’s comment in…
Sharon,
When did you “deal” with King and Ballow? Echols didn’t think you were. The decision stated: “It appears that Mr. Cobb has been prosecuting this suit without any assistance or guidance from Ms. Cobb for at least the past six years.” So at most that’s two years, no? I’m subtracting from your figure of eight.
And being peripherally involved in a suit doesn’t make you knowledgeable, let alone an expert; it’s just like watching MSNBC doesn’t make me a journalist. That was pretty clear when you yanked the NY Times standard for libel from the case involving your husband (who’s pretty clearly a public figure).
As far as using KB’s position against them, you might want to look up collateral estoppel. Then again, you might just want to keep spouting nonsense.
Unless I really missed something, all Ms. Coble did was relate her own experience. Unless the JL Kirk woman recorded the entire visit and thereby has proof that shows actual misrepresentation, I don’t understand how a lawsuit could be successful. Of course, I got my law degree in a Cracker Jack box, as did all others here, with the possible exception of Ms. Lizer.
a friend and i are seriously considering a side project away from our normal musical endevors… it would be a silly punk band. one of the names in contention is “the quilt ladies”…
b/c really… what else says angry punk better?! hahaha!
[...] Just Another Pretty Farce: “JL Kirk Update” [...]
[...] JL Kirk Update I am now being represented by Ron Coleman , General Counsel for the Media Bloggers’ Association in an attempt to […] [...]
[...] Kerry Woo has uncovered a secret document in the Kirk/Coble Affair. [...]
[...] Katherine Coble has obtained legal represenation. She is being represented by The Media Bloggers Association. A letter was sent to her, which is here. [...]
[...] 2007 When Bloggers Words Become the News Posted by Kathy T. under News I watched the Kat Coble v. JL Kirk events with fascination and chimed in my support for Kat’s right to describe her experiences [...]
I am loving this. Except the part where Sharon and Maggie are going at each other.
Sharons comments are informative and make sense. Since when was it the preserve of trained Lawyers only to comment on matters of public interest.
In England we have a number of TV programmes, Watchdog being the best known, who send in pretend buyers / shoppers / snoops/ and in this type of case a pretend employment hopeful, who record everything on hidden cameras, meaning using handbag or briefcase cameras. The results obtained are amusing and shocking. Surely your local TV stations carry programmes of this type and a email to them will soon get their antennas and briefcases heading J L Kirks way.
Kath should open an office for handling claims of this type for members of the public with Limited funds. No Win – No Fee. Established Law firms are not interested because the fees are insufficient to make it worth their while. Providing no legal advice is given it will be quite a service. Kath, The Tennessee Consumer Watchdog. [*P.S. I mentioned legal advice not being given in order to pre-empt all those who love jumping on presumed errors in posts] I am reading posts with bated breath.
Was this issue ever resolved, either by settlement or judgment? Just curious if you were absolved of any wrong-doing, as I think you should have been. Thanks, and my best regards to you!
· By the way- Here are some links to rich and kirk leipzig
http://www.google.com/search?q=jl+kirk&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&startIndex=&startPage=1
http://www.topix.com/forum/milwaukee/THMB68HE6O1VUPCSK
Google: Transforming America, Transition America, JL Kirk, Rich Leipzig, Kirk Leipzig, Bernard Haldane-
—————————————–
Check out these google links? By the way, why does Rich’s website-Careerfocusconsultants.com not show an address for his business or a phone number? Guess he doesn’t want news channel 5 to show up unannounced (again)
http://www.google.com/search?q=rich+leipzig&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&startIndex=&startPage=1
http://www.ripoffreport.com/Employment-Services/Ed-Wozniak-Nashville/ed-wozniak-nashville-profess-5y925.htm
——————————————
http://www.newschannel5.com/Global/story.asp?S=8651526
http://www.google.com/search?q=rich+leipzig&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&startIndex=&startPage=1
————————————————-
The Job Search Emotional Rollercoaster – Rich Leipzig
“God’s word promises us in Jer. 29:11 “I know the Plans I have for you, declares the Lord, plans to prosper you and not harm you, plans to give you a hope and future”. End of quote- I think I know the plans that God has for You!!!
————————————————————
Isn’t it odd that Careerfocusconsultants.com does not give a phone number or physical address? That’s one way to keep the news cameras at bay (for a while) Rich gives a PO box and his cell phone as contact information for his “business” at his Career focus consultants-facebook page- why is that Rich? You have a business with no phone number?
Rich Leipzig is a low-classed uneducated charlatan who preys on the weak and vulnerable job seeker. He can’t find a real job. He professes to be a Christian and says he loves Jesus. I got news for you Rich- Jesus does not love you. You have hurt countless numbers of people. Remember the poor young couple that interviewed with You and I on the third day of my employment with you and your brother at JL Kirk? They had a heart-wrenching story about how they had just lost their son to a terrible disease. They were in agony and looking to find a new life in Nashville. All you saw was a vulnerable couple and an easy sale. I resigned the next day and swore that I would never stop exposing you and your brother and anyone else who preys on the poor and the vulnerable.
God will ultimately judge you upon your death. In the meantime, I intend to make your days on this earth as uncomfortable as possible as long as you continue this unconscionable scam and I have A LOT OF HELP !!!!!!!!!!
You are one sorry son-of-a-bitch!!! Go ahead and try to sue me for libel like you and your brother Kirk tried in 2005 and with Katherine Coble in 2007- How has that worked out for you?
Rich, Kirk, Ed and associates talk a tough game when they try to back someone down from posting the truth on message boards and blogs. They have learned a tough lesson about the power of the internet and the triumph of good over evil. I have a list of over 30 former clients that worked with Rich Leipzig, Kirk Leipzig and their former employees. I too worked with Rich and Kirk Leipzig when they were in business as JL (Jesus Lord) Kirk and associates. If anyone on this board hears of the Leipzigs trying to slap a lawsuit on someone for challenging their ethics (yes- Rich Leipzig is still running the ole scam now as Career Focus Consultants), let it be know on this blog and I will personally get involved to help with your legal defense. Trust me- the last thing they want is a face-off in a jury trial with a bunch of former clients AND former employees who were flat out lied to and conned. There is an almost endless supply of former clients who will testify on your behalf.
[...] Well, that was fun. In case you’re wondering, here’s the latest on the Blog Gestapo, er, J.L. Kirk thing. I spent WAY too much time yesterday following the whole [...]