TheWrap's Counsel Bert Fields Responds to Nikki Finke

“MMC has demonstrably and repeatedly violated my client’s rights, including but not limited to violations of the antitrust laws, as well as unfair competition and trade libel”

TheWrap responded on Monday to a cease and desist letter from Jay Penske's Mail.com Media Corp., parent of Nikki Finke's Deadline blog, sent the previous week.

Bert Fields, a lawyer for TheWrap, sent a letter to MMC's counsel Bryan J. Freedman, that in its entirety read as follows:

 

Dear Mr. Freedman,

I represent The Wrap News Inc. I have been given a copy of your letter of February 22, 2011 to Messrs. Davis, Choi and Koones.  

I disagree with every one of your assertions of fact and law, but will not undertake a point-by-point rebuttal in correspondence.

I do have some brief comments. TheWrap has not engaged in the conduct you claim and has done nothing that violates MMC’s rights. Where appropriate, TheWrap cites other outlets and links to the source. Otherwise, TheWrap does its own reporting.

By contrast, MMC has demonstrably and repeatedly violated my client’s rights, including but not limited to violations of the antitrust laws, (giving rise to treble damage claims), as well as unfair competition and trade libel. Indeed, MMC’s attempt to monopolize newsworthy subjects by threatening spurious lawsuits is, in itself, violative of the law, as are its numerous attempts to threaten and coerce others to refrain from supporting or dealing with TheWrap and its repeated publication of false and defamatory statements about TheWrap.

All of my client’s rights and remedies are, of course, reserved.

Very truly yours,

Bertram Fields