T11 i Trenam Kemker


Please reply to: P.O.Box 1102 Tampa, FL 33601-1102 Direct Line: (813) 227-7406 cb rown(t rena m corn

January 17, 2014 VIA ELECTRONIC MAIL ONLY Michael Hussey

Re: Written Defamatory Statements Concerning Peter Schorsch Our File No. 13-2911 Dear Mr. Hussey: Trenam Kemker represents Mr. Peter Schorsch. It has come to our attention that you have made several defamatory statements about Mr. Schorsch on your blog Pushingrope.blogspot.com . Specifically, on January 4, 2014 you wrote that Mr. Sehorseh was fired from his employment with Jack Herbert. Mr. Schorsch was not fired by Mr. Herbert. On January 5, 2014 you wrote that Mr. Schorsch was convicted of grand theft and labeled the article with "corruption." Mr. Schorsch was not convicted of grand theft. These statements were written with malice, are libelous, and are actionable in a court of law. A publication is libelous per se if it imputes felony, or an improper exercise of lawful business, trade, profession or office. The Florida Supreme Court has held that it is libel per se to falsely publish statements that import injury, and thereby obviates the necessity of either pleading or proving damage or malice in fact, since both of these elements are presumed as a matter of law in such cases. Accordingly we require your prompt written assurance that you will remove the offending statements from your website, and will refrain from using defamatory statements regarding Mr. Schorsch in the future. Our client prefers to resolve this matter amicably without taking further legal action, but is prepared to prosecute the above-referenced issues to the fullest extent of the law. Accordingly, we insist that we receive your unambiguous, favorable response on this matter, in writing, no later than the close of business on January 22, 2014. Absent receipt of such assurances by the stated deadline, our client reserves his right to take appropriate legal action to protect his rights.

101 E. Kennedy Boulevard, Suite 2700 Tampa, Florida 33602 Tel: (813) 223-7474 Fax: (813) 229-6553


200 Central Avenue, Suite 1600 St. Petersburg, Florida 33701 Tel: (727) 896-7171 Fax: (727) 822-8048

Michael Hussey January 17, 2014 Page 2 This letter is offered in good faith with the sole purpose of seeking a resolution of this matter. It also is being sent without prejudice to Peter Schorsch's rights and claims, all of which are expressly reserved, should litigation be instituted, and it shall not be used for any other purpose. Thank you for your prompt attention to this matter. Sincerely,

Chris Brown


8227 199-v I

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