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Home > Solengo Capital Advisors v. Dealbreaker.com (letter)

Solengo Capital Advisors v. Dealbreaker.com (letter) [1]

Submitted by DMLP Staff on Fri, 06/06/2008 - 17:14

Summary

Threat Type: 

Correspondence

Date: 

03/28/2007

Status: 

Concluded

Disposition: 

Lawsuit Filed

Location: 

New York

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
Dealbreaker.com, a website that describes itself as "an online business tabloid and Wall Street gossip site," received a letter from counsel for Solengo Capital, a hedge fund founded by former Amaranth Advisors traders, asserting that Dealbreaker's posting... read full description
Parties

Party Receiving Legal Threat: 

Dealbreaker, Bess Levin, Dead Horse Media

Type of Party: 

Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Canada

Location of Party: 

  • New York

Legal Counsel: 

Jonathan David Cogan (Kobre & Kim LLP)
Description

Dealbreaker.com [2], a website that describes itself as "an online business tabloid and Wall Street gossip site," received a letter [3] from counsel for Solengo Capital, a hedge fund founded by former Amaranth Advisors traders, asserting that Dealbreaker's posting of Solengo's prospectus [4] was a violation of Solengo's copyright.

In response to the letter, editors at Dealbreaker said the materials were of legitimate news value and refused to remove them, telling Reuters [5]:

"We think it's valuable to our readers and the public to be able to see the information in it," said John Carney, DealBreaker editor, in an interview on Friday.

The legal dust-up is the latest stemming from the abrupt implosion of $9.3 billion hedge fund Amaranth last year, which shocked investors and raised awareness of hedge fund risk. The recent founding of Solengo by some of the energy traders blamed for the $6 billion in losses that caused the Amaranth collapse has also generated controversy.

Carney, a former corporate lawyer, said his site plans to contest any legal challenge. "We're willing to take it as far as it merits. I don't expect to defy a court order or go to jail for it, however."

On March 30, 2007, Solengo followed up the letter with an order to show cause seeking a preliminary injunction ordering Dealbreaker to remove the prospectus from its website. After the court denied the injunction [6] request, Solengo filed a complaint [7] alleging copyright infringement against the website and several of its editors.

For more on the lawsuit, see the related database entry: Solengo Capital Advisors v. Dealbreaker.com [8].

Related Links: 

Reuters: Solengo hedge fund threatens court action vs blog [5]

Dealbreaker: Solengo Capital Is Born [4](original disputed post)

Dealbreaker: The Famed Solengo Brochure [9] (second posting of the disputed document)

Dealbreaker: Solengo’s Lawyers Strike Back: We Still Say Suck It [10] (includes Solengo's letter threatening legal action)

CMLP Database entry on Solengo's lawsuit: Solengo Capital Advisors v. Dealbreaker.com [8]

Details

Web Site(s) Involved: 

Dealbreaker [11]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Copyright
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • United States

Relevant Documents: 

PDF icon 2007-03-30-Order Denying Preliminary Injunction.pdf [12]
PDF icon 2007-04-02-Complaint.pdf [13]
PDF icon 2007-04-02-Preliminary Injunction on Consent.pdf [14]
PDF icon 2007-05-24-Defendants' Memo in Support of Motion to Dismiss.pdf [15]
PDF icon 2007-06-25-Plaintiffs' Memo in Opposition to Motion to Dismiss.pdf [16]
PDF icon 2007-08-20-Order Discontinuing Case Due to Settlement.pdf [17]
Image icon 2007-03-28-Letter from Solengo to Dealbreaker.png [18]

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Source URL (modified on 08/20/2014 - 11:06pm): https://www.dmlp.org/threats/solengo-capital-advisors-v-dealbreakercom-letter

Links
[1] https://www.dmlp.org/threats/solengo-capital-advisors-v-dealbreakercom-letter
[2] http://dealbreaker.com/
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-03-28-Letter%20from%20Solengo%20to%20Dealbreaker.png
[4] http://www.dealbreaker.com/2007/03/solengo_capital_is_born.php
[5] http://www.reuters.com/article/fundsFundsNews/idUSN3034295020070330
[6] https://www.dmlp.org/sites/citmedialaw.org/files/2007-03-30-Order%20Denying%20Preliminary%20Injunction.pdf
[7] https://www.dmlp.org/sites/citmedialaw.org/files/2007-04-02-Complaint_0.pdf
[8] https://www.dmlp.org/threats/solengo-capital-advisors-v-dealbreakercom
[9] http://www.dealbreaker.com/2007/03/testing_brian_hunters_patience.php
[10] http://dealbreaker.com/2007/03/solengos_lawyers_strike_back_w.php
[11] http://www.dealbreaker.com/
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-30-Order%20Denying%20Preliminary%20Injunction_0.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-02-Complaint_1.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-02-Preliminary%20Injunction%20on%20Consent_0.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-05-24-Defendants%27%20Memo%20in%20Support%20of%20Motion%20to%20Dismiss_0.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-06-25-Plaintiffs%27%20Memo%20in%20Opposition%20to%20Motion%20to%20Dismiss_0.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-08-20-Order%20Discontinuing%20Case%20Due%20to%20Settlement_0.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-28-Letter%20from%20Solengo%20to%20Dealbreaker.png