Focus update and trade secrets - or the lack thereof
I have to file my memorandum regarding the sanctions by Friday and it’s amazing what all you can run across when you search for trade secrets.
Arizona appeals court opinion, Enterprise v. Ehmke:
22. Just as the trade secret’s owner is obliged to establish that the matter is secret, it must also show that it exercised reasonable care to safeguard the secret. A.R.S. §44-401(4)(b). Indeed, the most important factor in gaining trade-secret protection is demonstrating that the owner has taken such precautions as are reasonable under the circumstances to preserve the secrecy of the information. Michael A. Epstein & Stuart D. Levi, Protecting Trade Secret Information, 43 BUS. LAW. 887, 13 895 (1988); see A.R.S. § 44-401(4)(b). As many courts have explained, a business that takes only scant precautions in guarding the confidentiality of the secret will not receive protection. Epstein & Levi, Protecting Trade Secret Information, 43 BUS. LAW at 895. ...
That’s of course very helpful, since Focus attorney Fulton posted what’s allegedly so secret on the public record and DESPITE my numerous mentions of this fact, she’s done nothing to have the filing sealed.
And of course she did NOT establish that anything I posted is a trade secret.
I’m also amazed how many appeals are filed, often over minor items like just a few thousand dollars in sanctions, pocket change for the large corporations filing the appeals.
It’s quite interesting, but I SHOULD be reading about 12 v wire sizing and water hammer arresters.
All this litigation crap literally gives me nightmares.
I can’t even post what I dreamed about judge Wake last night, maybe I can put it in the book, don’t know, it was so bizarre. Must have gotten 7 hours of sleep, that’s when I usually have lucid dreams.
Moving on to real life:
Egomaniac Thug Cop Assaults 14 Year Old Kid
Reading some of the comments, officer Rivieri of the Baltimore Police Department isn’t going to get an award for improving relations between citizens and especially young people and the police.
I think Rivieri is suspended now. The power of the internet and publication. There’s no better propaganda tool than TV / Video.
I’m glad I’m not a kid growing up in this hostile environment. Can’t imagine having to walk through a metal detector to go to school or being told what to wear or not to wear.
I’m not so glad that I live in a society allowing scum like Focus to extort debts not owed and then as the victim to be put through hell by this corrupt legal system.
When Focus collector James Hurd told me that I HAD to pay or have the collection reported on my credit and that there was NOTHING I could do to prevent the reporting other than to pay the $250 (I didn’t owe), he made me feel like that 14 year old kid.
Violated and powerless.
And then you go to court to find that you have no rights whatsoever other than to waste your time and resources and to not even be compensated. That’s the part that bites the most, that even if you win a jury trial, chances that you get paid without having to go through the appeal are slim and if you get a few thousand bucks, it’ll be a SMALL percentage of your actual costs, the hundreds or thousands of hours wasted on research, court filings and nightmares.
The ONLY reason to go to court is to be able to document how the system does NOT work for the people.
It works for the lawyers, but as a consumer, you might as well just shoot yourself and put yourself out of your misery. Well, either that, or just stop paying your unsecured debts and hopefully they’re LARGE and you adequately compensate yourself.
I’ve been searching the Arizona federal court for pro se litigants with FCRA or FDCPA claims going back to about 2000. There are next to NONE. Every now and then a case is transferred from state court and then the pro se consumer dismisses.
There was one guy who was ordered to pay attorneys fees to a CRA and he appealed and prevailed. I’ve posted about him a few years ago. Somebody emailed or posted that he was a nutcase. But, I owe him big-time.
If it hadn’t been for him, it’s quite likely that judge Wake would have awarded the $50k attorneys fees to Capital One.
But he hasn’t been back for more punishment and I think I have more than enough material for several books and movies.
Wrote to Paul Grignon, the genius who made Money as Debt. I asked what it cost to make the movie and he wrote back that he worked on it for a year and then there were the expenses for software. I don’t think I can afford that anytime soon.
I just don’t have a single artistic cell in my body. If you watched the movie, you might remember how the bankers pump up the balloons with the “$” on them to show how fractional reserve lending increased the money supply. And to illustrate more deregulation, the bankers pump until the balloons are HUGE.
In my movie, I can see how one could show how consumers are mistreated by credit bureaus, creditors and collectors, then by judges and finally destroyed and bankrupted by the legal system if they dare to not dismiss or settle early on. I think one could illustrate it in a way that’s funny.
Publishing the filings, blogs and press releases is a start and several readers contacted me to help with promotions and contacting legislators. But I really wish I had something funny to put on youtube.
Posted by Christine on 02/12/2008 at 11:24 PM
2006 Collection Suit (in discovery) • Focus Receivables Management • (0) Comments • Permalink
