FC: Billion dollar food retailer nastygrams critical website

From: Declan McCullagh (declanat_private)
Date: Thu Mar 13 2003 - 13:12:45 PST

  • Next message: Declan McCullagh: "FC: Congress mulls P2P restrictions, weighs mandatory labeling"

    [If this letter is faithfully reproduced, as it appears to be, then shame 
    on the Miles and Stockbridge law firm and especially Robert Brennen 
    (http://www.milesstockbridge.com/bios/bio_brennenr.htm) for sending this on 
    behalf of his client. Rule 11 sanctions, anyone? I've copied Ahold, which 
    owns U.S. Foodservice (and Peapod) and should exercise better care when 
    choosing its outside counsel. See also: 
    http://biz.yahoo.com/djus/030313/1228000842_2.html  --Declan]
    
    ----
    
    Date: Thu, 13 Mar 2003 15:23:14 -0500
    From: "Paul Levy" <PLEVYat_private>
    To: <declanat_private>
    Subject: Foodservicespeechsuppression.com
    Mime-Version: 1.0
    Content-Type: text/plain; charset=ISO-8859-1
    Content-Transfer-Encoding: 8bit
    Content-Disposition: inline
    
    Here is a nasty gram that I just saw.  The lawyer is presumably hoping
    for the intimidating effect that will occur if the recipient of his
    letter is unaweare of his immunity uinder the CDA.
    
    
    Robert S. Brennen
    (410) 385-3653
    rbrennenat_private
    
    March 12, 2003
    
    VIA FACSIMILE  [SNIP] AND FIRST CLASS MAIL
    
    Mr. Stephen Hoschler
    P.O. Box 1020
    Loomis, CA 95650
    
    
    Re:	FOODSERVICERUMORS.COM
    
    Dear Mr. Hoschler:
    
    We represent U.S. Foodservice, Inc. ("USF"). Our client is, of course,
    aware of the FOODSERVICERUMORS.COM web site and its apparent use by
    present and former food service employees as a forum for voicing their
    opinions about USF and other companies engaged in the food service and
    distribution industry.  While USF may disagree with many of the opinions
    that have been posted on your web site since its inception, it respects
    the individuals' First Amendment rights to express them.  However, those
    rights cannot be used as a pretext for, nor do they afford protection
    against liability for, statements that are false and defamatory.
    Unfortunately, several recent postings on your web site contain such
    statements.  As an "Information Content Provider," as defined by the
    Communications Decency Act of 1996 [47 U.S.C. § 230], you are
    potentially liable for such defamatory statements.  We request that you
    take immediate action to remove them from the web site.  In the absence
    of such action, we reserve the right to initiate an action against you
    and the original authors.
    
    It also appears that, in a departure from the function of providing a
    forum for the expression of opinions, your web site is actively
    soliciting confidential and proprietary information from current USF
    employees.  You should know that all documents that become known to
    employees as a consequence of their employment with the Company and that
    are not readily available to the public are considered confidential and
    proprietary.  This includes but is not limited to all Company policies,
    records and memoranda.  As you are no doubt aware, the disclosure of
    such information would constitute a breach of USF's employees' duties to
    the company in connection with their employment, as set forth in Company
    policies, the employees' written agreements with USF, and as established
    by common law.  Thus, through your web site you are engaged in an effort
    to improperly interfere with USF's relationships with its employees by
    causing them to breach their duties to the Company. It is reprehensible
    for you to importune USF's employees to, perhaps unwittingly, engage in
    wrongful conduct against the Company by soliciting this information. Of
    course, we understand that employees may, as appropriate, provide
    government agencies with information and/or documents concerning Company
    practices. The Company will not retaliate, and will not tolerate any
    retaliation, against any associate for making good faith statements or
    inquiries to either the Company itself or appropriate government
    agencies.  However, disclosing confidential information to your website
    or other media is in fact improper.  This constitutes our demand that
    you remove all such solicitations immediately and that you refrain from
    posting further solicitations in the future.
    
    We request your prompt response to these matters.
    
    Very truly yours,
    
    
    
    Robert S. Brennen
    
    
    RSB/kac
    
    ::ODMA\PCDOCS\BALT01\582899\1
      bcc:	(via fax) David B. Eberhardt, Esquire
    (via fax) Ellen Rice, Esquire
    Jefferson V. Wright, Esquire
    John B. Frisch, Esquire
    
    
    Paul Alan Levy
    Public Citizen Litigation Group
    1600 - 20th Street, N.W.
    Washington, D.C. 20009
    (202) 588-1000
    http://www.citizen.org/litigation/litigation.html
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    Like Politech? Make a donation here: http://www.politechbot.com/donate/
    -------------------------------------------------------------------------
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Thu Mar 13 2003 - 13:25:14 PST