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burnett_responds [2019/03/05 01:04] – created Carlos Pedrazaburnett_responds [2019/04/15 04:41] (current) – [Copyright Claims] Carlos Pedraza
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-<fs smaller>[cutline]</fs> <fs x-small>//Source//</fs>+{{:sweetheart_settlement.jpg|sweetheart_settlement.jpg}}<fs x-small>MARCH 4, 2019<wrap indent> | </wrap><wrap indent> 3 MIN READ</wrap></fs>
  
-<fs x-small>MONTH 1, 2019<wrap indent> | </wrap><wrap indent> X MIN READ</wrap></fs>+====== Burnett Attorney Demands Peters Refrain from Defamation ======
  
-======  Burnett Attorney Demands Peters Refrain from Defamation, Warns of Possible Counterclaims  ======+**//Burnett’s Lawyer Criticizes Peters’ ‘Sweetheart Deal’ Settlement Offer// **
  
-**//Subhed// **+ {{TOC}}{{page>byline}}
  
-{{TOC}}{{page>byline}}+**AxaMonitor has obtained a copy of a letter** from Robert Meyer Burnett’s attorney responding to Axanar producer Alec Peters’ legal threats, settlement offer and alleged defamation of his client.
  
-**AxaMonitor has obtained a copy of a letter** from Robert Meyer Burnett's attorney responding to Axanar producer Alec Peters' legal threats, settlement offer and alleged defamation of his client.+<WRAP center 90%> <fs smaller>**//See also: [[:peters_sues_burnett|Peters Sues Former Axanar Director in Georgia Court]] and [[:burnett_settlement|Peters Proposes Settling with Former Axanar Director]]//** </fs> </WRAP>
  
-   * **Burnett not yet served**: Almost two weeks have passed since [[:peters_sues_burnett|Peters filed]] his lawsuit in Georgia, and he has still not served Burnett, the former director of //Axanar//, the legal complaint and summons. +===== Burnett Finally Served =====
-  * **‘No comment’**: Asked to verify and comment on his lawyer's letter, Burnett told AxaMonitor: "Thank you but my attorney has advised me not to comment given the pending lawsuit." +
-  * **"Serious and substantial liability"**: Meanwhile, Burnett's lawyer, Torin A. Dorros, asked Peters to "refrain from further [[:bawden_resigns#disagreement_over_peters_threats|defamatory and/or threatening language]] directed toward Mr. Burnett," including Peters' public references to Burnett as a "thief" who had "'stolen' money and/or property." +
-  * **Peters statements expose him** to legal liability, according to the letter: +
-----+
  
-“Understandably, Mr. Peters' conduct exposes him to serious and substantial liability for defamation, intentional and/or negligent infliction of emotional distress … We demand that he immediately refrain from such conduct.”+<wrap em><fs smaller>UPDATE</fs></wrap> Twenty-five days after [[:peters_sues_burnett|Peters filed]] his lawsuit in Georgia, Burnett, the former director of //Axanar//, was finally served the legal complaint and summons in California on March 15, 2019.
  
-----+ {{page>subscribe}} 
 +==== ‘No Comment’ ====
  
-  * **Burnett may sue Peters**: Along with the letter, Dorros attached a Litigation Hold Notice, a formal notification to Peters that Burnett's own lawsuit may be coming and he should find and preserve records pertaining to the matter described, including email, text documents, calendars, voice mails, videos, photos and even Post-it notes. +Asked to verify and comment on his lawyer’s letter, Burnett told AxaMonitor: "Thank you but my attorney has advised me not to comment given the pending lawsuit." 
-  * **Holding onto evidence**: The Hold Notice specifically reminds Peters that destruction, deletion, loss or alteration of evidence subjects him to civil and criminal penalties. Peters is well known for having [[:missing_emails|failed to produce a trove of emails]] required under a subpoena in the Axanar copyright suit. That led to the judge in that case ordering a [[:emergency_motion#details_of_the_court_order|second deposition]] of Peters. + 
-<WRAP>//**__« Pull quote. Lorem ipsum dolor sit amet lorem ispum greek text. »__ **//  <wrap indent>//— Source//</wrap></WRAP>+==== 'Serious and Substantial Liability' ==== 
 + 
 +Meanwhile, Burnett’s lawyer, Torin A. Dorros, asked Peters to "refrain from further [[:bawden_resigns#disagreement_over_peters_threats|defamatory and/or threatening language]] directed toward Mr. Burnett," including Peters’ public references to Burnett as a "thief" who had "’stolen’ money and/or property." 
 + 
 +[{{ :burnett_twitter_avi.jpg|**Robert Meyer Burnett**}}] 
 + 
 +Peters statements expose him to legal liability, according to the letter: 
 + 
 +> Understandably, Mr. Peters’ conduct exposes him to serious and substantial liability for defamation, intentional and/or negligent infliction of emotional distress … We demand that he immediately refrain from such conduct.((Letter from Torrin Dorros to H. Michael Dever, 3/1/19.)) 
 + 
 +===== Burnett May Sue Peters ===== 
 + 
 +Along with the letter, Dorros attached a Litigation Hold Notice, a formal notification to Peters that Burnett’s own lawsuit may be coming and he should find and preserve records pertaining to the matter described, including email, text documents, calendars, voice mails, videos, photos and even Post-it notes. 
 + 
 +<WRAP right round download 320px> {{  :attorney_letter.jpg?nolink&|attorney_letter.jpg}}<fs smaller>**READ THE LETTER** from Robert Meyer Burnett’s attorney to Alec Peters’ lawyer. Download the {{:ltr_to_ap_counsel_-_lit_hold_-_with_exhibit.pdf|PDF}}.</fs> </WRAP> 
 + 
 +==== Holding Onto Evidence ==== 
 + 
 +The Hold Notice specifically reminds Peters that destruction, deletion, loss or alteration of evidence subjects him to civil and criminal penalties. Peters is well known for having [[:missing_emails|failed to produce a trove of emails]] required under a subpoena in the Axanar copyright suit. That led to the judge in that case ordering a [[:emergency_motion#details_of_the_court_order|second deposition]] of Peters. 
 + 
 +=== Possible Topics === 
 + 
 +[{{ ::peters_v_burnett-responds.jpg?300|Follow AxaMonitor’s coverage of Peters v. Burnett.}}] 
 + 
 +Among the topics for which Peters is advised to retain records: <WRAP center 90%>
  
-**Among the topics** for which Peters is advised to retain records: 
   * Financing and production of Axanar   * Financing and production of Axanar
   * Peters’ and Axanar Productions’ employment practices   * Peters’ and Axanar Productions’ employment practices
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   * Business operations of Peters and Axanar Productions   * Business operations of Peters and Axanar Productions
   * Peters’ and Axanar Productions’ finances and taxes   * Peters’ and Axanar Productions’ finances and taxes
-  * Peters' business relationships with others related to Axanar, Star Trek, the entertainment industry, the props or memorabilia industry+  * Peters’ business relationships with others related to Axanar, Star Trek, the entertainment industry, the props or memorabilia industry
   * Funding and financing of Axanar and its donors   * Funding and financing of Axanar and its donors
-  * Axanar's corporate structure and business model+  * Axanar’s corporate structure and business model
   * The CBS/Paramount v. Peters/Axanar Productions lawsuit   * The CBS/Paramount v. Peters/Axanar Productions lawsuit
   * Commercialization of Axanar   * Commercialization of Axanar
-  * Revenue from Kickstarter, Indiegogo, Patreon, YouTube, Facebook, \\ +  * Revenue from Kickstarter, Indiegogo, Patreon, YouTube, Facebook, Instagram or other platforms 
-    Instagram or other platforms+ 
 +</WRAP> 
 + 
 +[{{ :alec_peters.jpg?100|**Alec Peters**}}] 
 + 
 +===== Hope for a Settlement? ===== 
 + 
 +Even without his client being served Peters’ legal complaint, Burnett’s attorney said it’s "not unreasonable" to pursue "early resolution" of the former colleagues' legal dispute.((Letter from Torrin Dorros to H. Michael Dever, 3/1/19.)) 
 + 
 +==== 'Unconscionably One-sided' ==== 
 + 
 +The settlement offer, which Peters described as "[[:sweetheart_deal|a sweetheart deal]]," instead features several provisions "that simply do not work … from a legal perspective, leaving aside that they may be unconscionably [[:settlement_analysis#one-sided_settlement|one-sided]]."((Letter from Torrin Dorros to H. Michael Dever, 3/1/19.)) 
 + 
 +=== Drastic Revisions Required === 
 + 
 +While Burnett may well show interest in the idea of Peters releasing all claims against him for no monetary payment, the document Peters sent needs to be "drastically revise[d] … to make it suitable as a settlement agreement."((Letter from Torrin Dorros to H. Michael Dever, 3/1/19.)) 
 + 
 +=== Burnett’s Potential Claims === 
 + 
 +Burnett may pursue various high-value claims against Peters and Axanar for wage and other employment issues, as well as Peters infringing on Burnett’s copyrighted works, Dorros stated: 
 + 
 +> Mr. Burnett’s claims against Mr. Peters far outweigh the Axanar claims. We will need to discuss whether a monetary ‘walk away’ for both sides makes sense or whether some financial compensation will be required to be made by Mr. Peters and/or Axanar Productions.((Letter from Torrin Dorros to H. Michael Dever, 3/1/19.)) 
 + 
 +== A Subtle Jab == 
 + 
 +Dorros’ letter takes some jabs at Peters litigating "the majority of issues and information related to the Axanar project … on social media and other public forums." That very behavior led his longtime advisor and [[:bawden_resigns|PR director to resign]]. 
 + 
 +=== ‘We’ll get back to you’ === 
 + 
 +Dorros promises a more thorough review of Peters’ settlement, and will "get back to you in due course with comments and/or revisions if Mr. Burnett is agreeable to look toward resolution at this time." 
 + 
 +===== Legal Limbo ===== 
 + 
 +In the meantime, Peters’ lawsuit is going nowhere until Peters finds a way to serve his Georgia court summons to Burnett, a California resident who [[:peters_sues_burnett#jurisdiction|may not even be subject]] to such a suit in Peters’ home state. 
 + 
 +===== Why This Matters ===== 
 + 
 +This letter raises the stakes in the legal confrontation between the former Axanar colleagues, pointing to "substantial viable claims" Burnett intends to pursue against Peters and Axanar Productions. 
 + 
 +==== Employment Claims ==== 
 + 
 +In addition to defamation and threats, the letter points to other legal claims, including "significant employment law claims" for unpaid wages, rest and meal breaks and overtime. 
 + 
 +==== Copyright Claims ==== 
 + 
 +Peters and Axanar Productions may also have taken and used Burnett’s intellectual property, with the former director and editor never having assigned copyright to Axanar. The attorney says Axanar is "using, marketing and commercially exploiting" Burnett’s copyrighted works. {{:axamonitor-ico.gif?direct&}} 
 + 
 +<WRAP tip 90%> <wrap em>COMMENT & SHARE</wrap> \\ <wrap lo> Discuss this article in [[face>groups/axamonitor/permalink/590018018179716/|AxaMonitor's Facebook group]] or share on:</wrap> 
 +~~socialite~~</WRAP> 
 + 
 +----
  
-**Legal limbo**: In the meantime, Peters' lawsuit is going nowhere until Peters finds a way to serve his Georgia court summons to Burnett, a California resident who [[:peters_sues_burnett#jurisdiction|may not even be subject]] to such a suit in Peters' home state. \\  \\ **Why this matters**: This letter raises the stakes in the legal confrontation between the former Axanar colleagues, pointing to "substantial viable claims" Burnett intends to pursue against Peters and Axanar Productions. +**Keywords**
-  * **Employment claims**: In addition to defamation and threats, the letter points to other legal claims, including "significant employment law claims" for unpaid wages, rest and meal breaks and overtime. +
-  * **Copyright claims**: Peters and Axanar Productions may also have taken and used Burnett’s intellectual property, with the former director and editor never having assigned copyright to Axanar. The attorney says Axanar is "using, marketing and commercially exploiting" Burnett's copyrighted works. {{page>footer}}{{tag>tagged items}}+
  
 +{{tag>Peters_v._Burnett lawsuit Axanar Alec_Peters Robert_Meyer_Burnett settlement}}