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June 27, 2009


a car dealership in sandy oregon posted a 98 cadilac for two hundred on the cars they had for sale.now they dont want to sell the car for that price.

If you are working with a vendor that houses all of your data for your billing system, credit card and EFT information, and you suspect them of taking some of your proceeds every month, what recourse do you have for proof when you are not allowed access to the payment history except one at a time? Is there any way to make them allow us access to our system on their database to find the proof?

Dear Sir,

I am abused by Zynga Poker, an application on Facebook, and I try to find an US lawyer who could take legal action against this site who wants to deprieve me of my earnings for I helped friends with little sums of chips, movement which is unlawfully forbidden by Zynga's rules. Can you help me please find a trustful specialised lawyer?

Dear Sir

I am a developer. I built a software with a diabetic supply company (A) to help them get customers. This company (A) got acquired and since I had my rights to the software, I entered into a contract with the purchasing company (B) - publicly traded so they would get ownership of the software and I would get royalties of $fee/mo for 1 yr. The company (B) had the right within the contract to cancel the agreement with notice after 1 yr. This was a written contract signed by me and Company A.

Company (B) then asked me to move the software package from where it was to their servers and paid me to do this. I told the CFO that I would do this if the company (B) reinquish their right to cancel the agreement after the year. Meaning they would now pay me fee/mo until 3/2010

I have an email from the company (B) CFO saying exactly that they are willing to relinquish their right to cancel the agreement. I accepted this and did the work to their acceptance.

Later I learned Company A and Company B have breached the purchase agreement and are embroiled in a lawsuit. I told Company B that I dont want to be in court and would do what they asked if they continued to pay me for my intellectual property they now had.

I stopped receiving payments 3 months ago...

I called using a private line and the CFO picked up. He mentioned to me that Company A is now calling his customer lists - and his CEO suspects I am working with them. I informed him I have moved to a different state and working in completely different field. This is impossible.
Company A had their hands on the customer list when it was theirs...

I sent an email to their CEO explaining my position. No reply.

Now the CEO or CFO are not returning repeated calls, emails, invoices - anything.

What Recourse do I have?

If a companies website has been hacked and personal identifiable informaton is now posted on the internet about a student(s) is this a reason for litegation?


Australian ex-employee defends ChannelAdvisor legal action in Atlanta

The ex-employee being sued* in Atlanta by ChannelAdvisor has lodged a defense, denying all allegations in the civil action. Kerri Van Veenendaal who is being sued by the North Carolina based company has issued the defense in reply to the litigation issued by her ex-employer.

Ms. Van Veenendaal has stated to us “I feel that this action is a smoke screen for the real issues that ChannelAdvisor are facing”. Van Veenendaal further states, “It is a pity that ChannelAdvisor has spent time and money on a frivolous action which is incorrectly aimed at me when they would be better concentrating more on their own product development and customer service. ChannelAdvisor does not have a claim against me”. At the time of the alleged emails Van Veenendaal was with her husband of 30 years whilst he was in recovery from major life threatening open heart surgery.

Ms. Van Veenendaal was instrumental in launching ChannelAdvisor in Australia, exceeding all expectations whilst the company was under her management in that country. “Indeed the growth in the country and region was phenomenal” states Van Veenendaal. “We exceeded our budget every quarter for four quarters and the first year of operation we were above on all expected budget requirements which was totally unexpected by Head Office in North Carolina”. “The Australian business sector here was enthusiastic and embraced the belief that ChannelAdvisor was committed to putting a team on the ground in Australia and to have real time customer support in this country”.

ChannelAdvisor Australia Pty. Ltd., has been downsized since the unexpected termination of Ms. Van Veenendaal in June 2008. There are now two employees out of the 12 that were in the office at June 2008 remaining. Whilst this legal action is certainly interesting Van Veenendaal states that all property owned by the company were handed to her legal counsel shortly after she was terminated by a surprise email from the CEO, Scot Wingo and the then Vice President International, Jennifer Gibson. “I had no idea that I was going to be terminated in such a manner after surpassing all budget expectations and also securing the company a lucrative contract in Australia. The termination email, stated that ChannelAdvisor would pay all my contractual entitlements and termination salary but 18 months later I am still waiting to receive a reasonable payment. This recent action in the USA appears to be an attempt to add to my costs and plicate the legal action in Australia for my employment entitlements which has been ongoing since July 2008.”

In the Atlanta proceedings, it will be interesting to observe if ChannelAdvisor can actually establish and prove that it suffered losses by any purported breach of copyright from the sending of the email. Further ChannelAdvisor will also have to establish and prove that the statements in the email are in fact not true.

Van Veenendaal clearly states that she has not issued any public statements, press releases to customers since her termination in respect to ChannelAdvisor. She has been attempting to negotiate with ChannelAdvisor for her termination salary however to date she has been presented with many obstacles.

With all this Van Veenendaal remains positive on the future of ChannelAdvisor and their products “you can't head up a company without believing in the product.”

Van Veenendaal hopes that the false accusations will be seen as such and by defending the action in Atlanta certainly anticipates that her innocence will prevail.

For further information Kerri Van Veenendaal can be contacted on kerri@vanveenendaal.com.au

As per Dozier Internet Law “ChannelAdvisor has sued for libel per se, intentional interference with contract, intentional interference with business relations, misappropriation of confidential business information and trade secrets, violation of the Computer Fraud and Abuse Act, and false designation of origin under the Lanham Act. Prayer for relief includes preliminary and permanent injunctive relief, special and general damages to be proven at trial, punitive and exemplary damages, and reasonable attorneys’ fees and costs.” This is by the alleged sending of one email to the customers of ChannelAdvisor.

John, true pleasure in being part of the
historic event at the Rio

The Coach

Paul l. DePierro

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