This Week in Seyfarth’s Litigation Toolkit: Character Assasination

“When the debate is lost, slander becomes the tool of the loser.” – SocratesUnknown


Digital Realty/Chubb’s lawyers are at it again.  I raise this because I want to avoid more trouble down the line when they pull this kind of thing out and say, see Judge, “see how difficult it is to work with the plaintiff.”  The opposite is true and below is how partners at Seyfarth Shaw operate in order to gain the upper hand when their clients are clearly wrong.  Don’t debate the facts, damage the person.  Partner Brian Ashe (George Washington University Law School) seems to rely on this and obstructing justice as a way of dealing with meritorious claims.  It comes down to this: He buries the evidence and assassinates the plaintiff’s character.

Thursday, August 18, 2016,  

2:50 PM:  I left a voicemail message for Brian Ashe at Seyfarth requesting a telephone call in the coming days to solve some important issues.  The recorded message was less than 60 seconds long.

5:21 PM:  Mr. Ashe responds by sending the email below.   In the email, he decides to transform my polite message into an opportunity for character assassination, which seems to be Mr. Ashe’s favored legal manoeuvre.  This is Mr. Ashe’s way of living up to his ethical duties and the Guidelines of the Northern District which he must abide by?

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Mr. Ashe, please send me a copy of the voicemail to be embedded in this article.  (Two years later.. Still waiting)

The voicemail must be preserved in Seyfarth’s IT system.   If Seyfarth believes what Mr. Ashe has stated, they would have preserved it to prove me wrong.

There are limits to litigation privilege which Mr. Ashe has crossed many times.  I highly recommend you an opposing party have a witness when leaving messages, speaking on the phone or meeting with Seyfarth Shaw.

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