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Davidson Kempner Lawyer Emails

Davidson Kempner Lawyer Emails

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Published by TheWhiteHats

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Published by: TheWhiteHats on Apr 08, 2012
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07/13/2012

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On Tue, Mar 27, 2012 at 6:03 PM, Samantha Domin<Samantha.Domin@schillings.co.uk >wrote:
PRIVATE AND CONFIDENTIAL
 
The White Hats Report
BY EMAIL
URGENT
 
NOT FOR PUBLICATION
 Our Ref: RA/DG/SD27 March 2012Dear Sirs
Davidson Kempner Capital Management LLC
 We act for Davidson Kempner Capital Management LL
C (“DKCM”) and one of its portfolio managers Michael
Herzog.We write in relation to content posted on your blog 'The White Hats Report' located athttp://tdarkcabal.blogspot.co.uk/  
(the “Blog”), and specifically an article concerning our clients dated 26 March
2012. The relevant article can be accessed at the following link:http://tdarkcabal.blogspot.co.uk/2012/03/march-26-2012-white-hats-report-38.html 
(the “Article”)
 The Article is entitled
“Davidson Kempner Capital 
 Management LLC hires known con man Michael Herzog as
 Portfolio Manager for new Euro Fund”
and
alleges that our client has employed an individual called “MichaelHerzog” who you says has perpetrated a series of criminal acts and variously describes as a
“n
asty, devious
crook”
,
“criminal”
and fraudster.We write to put you on notice that
this is a case of mistaken identity
. Our client does employ an individual
called Michael Herzog (“DKCM’s Michael Herzog”) as a portfolio manager but he is not the same
Michael
Herzog as the Dr Michael Herzog you allege to have committed various criminal acts (“the Other MichaelHerzog”) in a series of articles dating back to 2010.
 
There is absolutely no connection between DKCM’s
Michael Herzog and the Other Michael Herzog (whom you seek to expose).
We note that one of your earlier articles about “Michael Herzog”
1.
features a photograph of the “Dr Michael Herzog” to whom you intend to refer (“thePhotograph”);
 2.
Alleges that this person has committed criminal acts in jurisdictions including Switzerland;
 3.
Refers to the fact
that this “Dr Michael Herzog” is married.
 
 
 
As stated above DKCM’s Michael Herzog and the Other Michael Herzog are completely different people and
there is no connection between them other than the fact that they happen to share the same name. By way of illustration please note the following:
1.
The Photograph is not of DKCM’s Michael Herzog;
 2.
DKCM’s Michael Herzog has never lived or worked in Switzerland;
 3.
DKCM’s Michael Herzog is not married.
Clearly you have made a very serious error in assuming that DKCM’s Michael Herzog and the Other Michael
Herzog are one in the same person.
The Article states that you carried out an “investigation” but this appears to
consist of nothing more than seeing the name Michael Herzog in a HFM article about our client and jumping toincorrect conclusions.As a result you have published an Article which is inaccurate and seriously misleading to your readers in that it
wrongfully alleges both that DKCM’s Michael
Herzog is a criminal and that DKCM would employ a knowncriminal. Our clients take this matter extremely seriously. This specious association with the Other MichaelHerzog has the potential to cause them both reputational and financial harm, through no fault of their own.In light of the above and in order to limit the damage being caused to our clients through publication of theArticle, we should be grateful for your confirmation of the following:
1.
That you have effected the
immediate
removal of the Article from the Blog; and
 2.
You agree that you will not to republish either the Article or the allegation complained of,
namely that the Other Michael Herzog is the same person as DKCM’s Michael Herzog and/or 
DKCM are employing or have any other connection with the Other Michael Herzog.
This is an urgent matter so we require your response as soon as possible and in any event by no later than
4pm(UK time) on Wednesday 28 March 2012
.
We look forward to hearing from you and reserve all our clients’
rights pending your response.Yours faithfully
SCHILLINGS
 
 
Samantha Domin
41 Bedford SquareLondon, WC1B 3HX+44 (0)20 7034 9136 - Direct Line+44(0)20 7034 9000 - Switchboard+44(0)20 7034 9200 - FaxDX Number: 89265 (Soho Square 1)
 
Schillings The leading law firm protecting the reputations of high-profile individuals, corporates and brands 
 
Regulated by the Solicitors Regulation Authority - SRA Number 61425v 
 
From:
On Behalf Of 
The White Hats
Sent:
29 March 2012 09:35
To:
Samantha Domin
Subject:
Re: URGENT LEGAL CORRESPONDENCE Our client: Davidson Kempner Capital Management [SCHILLINGS-Worksite.FID50208]
 Dear Ms. Samantha Domin, Shillings Law FirmWe are in receipt of your internet correspondence dated Tuesday, March 27,2012 wherein you have notified The White Hat Reports of a mistaken identity of 
one of your client’s employees, a Mich
ael Herzog.Please note that we did not receive your notice until Wednesday, March 28, 2012in the late evening, notwithstanding your send date/time of Tuesday, March27, 2012. We would have responded sooner if we would have had yourcommunication in hand and timely.Our response has not been formulated as we are conducting a full review of theinformation contained in the Report. Notwithstanding, as a response to yournotice, and as a sign of our good will and cooperation, we have temporarilyremoved the article pending a full review. If the information is incorrect, we willwork with you to publish a mutually agreeable retraction of the information.Please allow us 48 hours to confirm our sources. Please take into account thetime zone changes.Should you have any further comments or suggestions, please feel free to writeto us. Thanking you in advance for your cooperation in this matter.Thank you,The White Hats
 
FW: URGENT LEGAL CORRESPONDENCE Our client: Davidson Kempner Capital

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