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LEWIs & LIN LLC Brett E. Lewis David ©. Lin Roberto Ledesma Justin Mercer Lauren Vall September 1, 2019 CEASE AND DESIST DEMAND YOU ARE ADVISED TO CONSULT AN ATTORNEY Dear Mr. Drown: We write to you on behalf of our clients Incongruity LLC, owners of the Sword & Scale podeast, and Mike Boudet, in regards to recent statements made by you on or about August 28, 2019, to a reporter for The Verge which published an article on same’, and republished on your personal Twitter account” and the Twitter account for your competing podcast, Obscura*. We are sending you this Cease and Desist Demand in regards to certain misleading and defamatory statements made by you concerning their business. This letter is to demand that you retract all defamatory statements within three (3) days and that you immediately cease and desist from any further such publication. Should you continue to pursue these activities in violation of this Cease and Desist Demand, we will not hesitate to take further legal action against you, including, but not limited to, filing a civil * https://vww.theverge.com/2019/8/28/20835812/podcast-review-bomb-apple-castbox-one-star ? hutps://twitter.com/jsdrown/status/1166763627904475 136 * https: //twitter.com/obscuracrimepod/status/1 166763 107995258880 Lewis & LIN LLC lawsuit The Verge article describes and amplifies allegations from you, alleging various conduct by Mr, Boudet and/or Incongruity that are false and fabricated, Our clients have not engaged in any review manipulation directed towards your podcast, nor to anyone else, ever. Our clients did not direct, approve, condone or compensate any person, entity or service to create reviews on your podcast. Note, our clients only became aware of these reviews after your statements to the Verge were posted online. While you may have suspicions regarding the timing of the alleged “review bombing,” our clients have and had nothing to do with it—and you have no basis to make such false statements, Indeed, our clients have been similar victims of such fake reviews and trolling behavior. Accordingly, your claims were false at the time they were made and remain so today. They are also actionable as defamatory and will negatively impact our clients’ business. These statements are particularly damaging given that they were made to a widely distributed publication and accused our clients of illegal behavior, possibly resulting in significant financial consequences. Offer of Compromise ur clients have a right to remain free from your false, defamatory and misleading claims, and we are prepared to take legal action to protect that right. Recourse for such behavior may entail a lawsuit for libel, slander, defamation, defamation per se, false light invasion of privacy, tortious interference with prospective contractual relations, and intentional infliction of emotional distress. The remedies for such conduct will include money damages to compensate our clients for any harm that you have caused. Should we be forced to file a lawsuit against you, we will seek the maximum amount of damages permitted by law. We wish to note that, because you are regarded as a competitor to our clients, your statements subject you to damages and injunctive relief under the United States Lanham Act, 15 US.C. §§ 1051 ef seq., which prohibits, among other things, false advertising and unfair competition. The Lanham Act allows an immediate federal court lawsuit to be filed against you, seeking preliminary and permanent injunctive relief, as well as treble damages, disgorgement of profits, and attorneys” fees In an effort to avoid this certainty, we demand that you immediately do the following: 1. Contaet Verge to have them delete the paragraph from their article; 2, Remove the posts from your personal and professional Twitter accounts to the Verge article; and 3. Post a statement on your personal and professional Twitter accounts as follows: Lewis & LIN LLC 4. “A few days ago, I made accusations as to Mike Boudet and the Sword and Scale podcast regarding reviews that were unverified, unfounded and false. Unless we receive written acceptance of your commitment to perform your obligations within three (3) days, ic., by September 4, 2019, our client may be forced to pursue legal action to vindicate his rights, including, but not limited to, filing an action for defamation, unfair competition and related causes of action Please note that a copy of this letter and a record of its delivery will be stored. Please also note that this letter may be presented in a court of law. This letter is sent without prejudice to our clients’ rights and claims, all of which are expressly reserved. If you have questions about any of the foregoing, you or your lawyer may contact me directly Very truly yours, David D. Lin