Newport Beach, CA (Vocus/PRWEB) March 31, 2011
Brookstone Law PC has filed a lawsuit against Attorney Processing Cetner (APC), Mr. Gary DiGriolamo, Mr. Chris Yanelli, and nine others alleging an illegal Internet-based information campaign against Brookstone Law PC, according to Deron Colby of Brookstone Law PC.
“These individuals are alleged to have conducted a smear campaign against Brookstone Law designed only to harm the public and generate profits for themselves resulting from Brookstone Law PC’s leadership in the potentially landmark mass-joinder lawsuit against Bank of America,” said Deron Colby. “This action is being taken against the alleged authors and publishers what appears to be an ongoing campaign of false and defamatory negative Internet postings.Our complaint includes allegations that the defendants are continuing to conduct unlawful business practices including the unauthorized use of the name and likeness and engaging in the unauthorized practice of law and therefore must be stopped."
The case is Brookstone Law, PC vs. Attorney Processing Center, Gary L. DiGirolamo et al Case No. 30-201100461745 in Superior Court of the State of California, County of Orange Central Justice Center.
According to Deron Colby, Brookstone Law PC has hired a renowned Forensic Internet Detective to identify IP addresses and sources of the false and defamatory postings and connect them to the individuals and companies responsible for the campaign. Because computers store large amounts of information and forensic detectives can recover this data, the investigation has been using computer forensic analysis to determine the nature and extent of the unauthorized activity in this case and attribute the evidence to specific suspects and identify sources responsible for the defamatory posts.
“Brookstone Law PC is dedicated to the highest ethical and customer service standards and we are fully accessible to any consumer with any legitimate inquiries. Brookstone has earned an A rating from the Better Business Bureau and has had no complaints until our investigation revealed a single defamatory complaint on the BBB site which we believe was authored and posted by Mr. Yanelli. Brookstone believes the allegations in the complaint might be just the tip of the iceberg in terms of what occurred and this represents Brookstone’s desire to protect itself and its name with legal action against those who act to harm the Brookstone brand,” said Deron Colby. “Brookstone stands by its work and encourage consumers with any questions to verify Brookstone’s standing with the California State Bar by calling the Bar Consumer Hotline at 800-843-9053 or by reaching Brookstone directly at 800-946-8655.”
“Contrary to any counterfeit solicitations and public statements, Brookstone Law PC is not affiliated in any way with Mr. Gary DiGirolamo, Mr. Chris Yanelli or with any of their associates or with Attorney Processing Center or any affiliated companies,” said Deron Colby. According to public records, Mr. DiGirolamo’s criminal history includes being sentenced to five years in prison following a conviction on 27 counts of securities fraud, 8 counts of wire fraud and 14 counts of mail fraud. According to court documents, Mr. DiGirolamo has been running from authorities since 1993 to avoid a judgment against him of more than $1 million as a result of a trial in Ohio that year.
“Our investigation has revealed that, among other acts, Mr. DiGirolamo allegedly held a meeting of all his employees in which he proposed to pay them and their family members for posting defamatory and false information about Brookstone Law on the Internet, including using their home computers to hide their connection to APC,” said Deron Colby. According to court documents, some of the posts for which the individuals are alleged to be responsible claimed to be written by current and former employees and current and potential clients of Brookstone Law PC and were submitted to high-traffic websites including the Better Business Bureau.
According to court documents, the complaint alleges Mr. DiGirolamo, Attorney Processing Center and its employees engaged in unlawful and unfair business practices, intentional interference with contractual relations, negligent interference with contractual relations, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, false light and libel. The lawsuit seeks a temporary restraining order, preliminary and permanent injunctions, punitive and compensatory damages and fees against Mr. DiGirolamo, APC and its employees.
“The fabrications Brookstone alleges in the complaint are acts specifically intended to fool homeowners and potential Brookstone clients into signing retainers with firms affiliated with Mr. DiGirolamo, Mr. Yaneilli and APC when in fact Brookstone believes those persons, their associates and firms have no qualifications or experience to successfully litigate these major cases against the banks," said Deron Colby.
According to Deron Colby, none of the negative posts researched are from clients of Brookstone Law PC, and multiple positive unsolicited endorsements of Brookstone Law PC by clients can be found on the Brookstone Law PC website at http://www.brookstonelaw.com.
“Plaintiff anticipates filing a First Amended Complaint to incorporate causes of action to include, among others, fraud, conversion and potential civil liability for “spoofing,” evidence of which will be uncovered through discovery, including depositions of all Defendants in this matter. Plaintiff reserves the right to assert additional causes of action after evidence of same shall have been ascertained,“said Deron Colby.
"False accusations and slanders are often published anonymously on the Internet without consequence, but in this case Brookstone Law PC is taking forceful legal action through forensic detective work and aggressive litigation to protect the public and Brookstone’s clients against these individuals and their so-called associates," said Deron Colby "We intend to penalize these individuals and their affiliates to the full extent of the law as a result of their alleged harmful actions."
ABOUT BROOKSTONE LAW, PC
Based in Newport Beach, with offices in Los Angeles, CA, and Ft. Lauderdale, FL, Brookstone Law, PC, is a law firm comprised of attorneys with experience and success in civil litigation, criminal defense, business, corporate, employment, entertainment & media, art & museum, intellectual property and real estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs highly trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving our clients. For information, call (800) 946-8655 or visit http://www.brookstonelaw.com.
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