Mickey Chandler's SpamSuite

This is the continuation of e360's "The Lawyer Ate My Discovery Responses" parade. Apparently, according to e360's argument, Daniel Peters is the terrible attorney responsible for not getting things done on time. He's no longer with the firm, and all of the blame for not getting discovery responses in on time should be laid squarely at his feet. And that's their story and they're sticking to it.

Anyway, they are also proving their desire to move forward with the case by attaching their discovery responses. So, we can see their damages claims (Spamhaus cost them between $95M and $135M) and a list of broken contracts (ISPs that cut them off and companies they were advertising for).

Of significance here is the claim that e360 has now sued itself out of business. On page 39 of the document (page 28 of e360's Interrogatory responses) it says, "The negative impact on e360's business has been completely devastating. e360 is now out of business. e360 ceased operations at the end of 2007 as a direct result of Spamhaus actions. Because of the devastating impact of these statements to e360's reputation, e360 can no longer operate as an email marketing company." And, on page 47 of the document (page 36 of e360's Interrogatory responses) you see this: "Ultimately, e360's reputation was irreparably harmed by Spamhaus actions which directly attributed [sic] to e360 [sic] ultimate demise."

So, if you have ever wondered who would buy services from a company that "[s]ome, perhaps even a majority of people in this country, would call ... a spammer"? In this filing, they'll tell you in the discovery responses they attached.

The list includes:

• SLKS, Inc.
• Smartbargains
• Bookspan
• Quinstreet
• Traffic Marketplace
• Silver Carrot
• OptinRealBig.com, LLC
• Loyalty Matrix (since purchased by Responsys)
• Liberty Mutual Insurance
• Acxiom e-Products, Inc.
• Topica, Inc.
• Virtumundo, Inc.
• Impulse Marketing Group, LLC
• Q Interactive

Attachment	Date	Size
MotDismissContemptSuppReply.pdf	09/13/08 9:40 am	2.59 MB