In case you haven’t been made aware, this story ran this morning on HollywoodReporter.com:
Here is my official statement in regards to that story:
I have not been served a lawsuit, nor have I even seen this lawsuit, so I have no specific comment at this time. However, see the below communications from my lawyer, Brad Kizzia of Brown Fox Kizzia & Johnson, to opposing counsel, which state my legal position.
When we received a demand letter from opposing counsel on Nov. 22nd, my legal counsel responded the next day (Nov. 23rd) with my legal position as follows:
Please take notice that the undersigned represents Steve Carbone, who has forwarded to us your letter of November 22, 2011, and your email below for response. Please direct all future communications regarding this matter to us.
Note also that Mr. Carbone is a Texas resident and has been for over five years. The California address that you have been using is not a valid address for him. Thus, he did not receive your letter of August 12, 2011.
Without conceding anything as far as the substance of your letters and emails, you and your clients are advised that Mr. Carbone has not received any confidential information from the participants whom you indicate may have received recent emails from him, and he has no intention of posting any information from such participants, as no such information was provided. There has in fact been no interference with your clients’ participant contracts, and your assumption about alleged disclosures of information by any such participants as stated in your letter is incorrect. Thus, there are no valid grounds, or need, for the possible lawsuit threatened in your letter.
If you would like to discuss these matters further, feel free to call or otherwise contact me. Good luck with the ongoing success of the program, and have a happy Thanksgiving.”
When we received a subsequent demand letter from opposing counsel two days ago on Monday the 5th, my legal counsel promptly responded yesterday as follows:
This will acknowledge receipt of your email of December 5 transmitting your letter of the same date. Mr. Carbone stands on the position as stated in my prior email to you of November 22. He did not receive his information about the current Bachelor Series from contestants. He therefore denies that there is a valid factual or legal basis for the threatened suit. For your clients to sue Mr. Carbone would be unnecessary– at best a waste of the parties time and expense and at worst, an illegal slap action attempting to deny Mr. Carbone’s First Amendment rights. Thus, any such suit would be responded to accordingly. We urge you and your clients to reconsider their position.”
I have no further comment at this time.