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THE WORST BUSINESS CEOS IN AMERICA
Mired in financial and legal trouble, Talos Partners CEO, Robert V. Brazell tops our list
NEWS TO HELP INVESTORS AVOID TAKING A BEATING
ROBERT BRAZELL LOSES LAWSUIT AGAINST WCEOS.COM. DISPUTED SITE CONTENT VALIDATED AS TRUE
Judge says, "…the literal statements supporting the expressed opinions are, under the undisputed facts presented to this Court, true."
In a 22-page Memorandum Decision related on March 21, 2017, Utah Judge Andrew H. Stone ruled that Robert Brazell's lawsuit against WorstCEOs.com was without merit. He noted, "His (Robert Brazell's) remedy is not to resort to the courts to stop truthful speech because it may lead others to reach what he considers to be inaccurate opinions. Defamation law does not entitle a person to control how negative but true facts in his or her background are presented by others..." In regard to Robert Brazell's privacy tort claim the judge said, "Counterclaimants cannot point to any private facts disclosed by counterclaim defendants that were not public when published by them. Thus, their claims under either false light invasion of privacy or disclosure of private facts fail."
ROBERT BRAZELL ARGUED THE STATEMENTS BELOW WERE DEFAMATORY. IN EACH CASE HE FAILED. EACH STATEMENT MADE ON THE WEBSITE WAS EITHER; TRUE, AN OPINION, OR OTHERWISE PROTECTED UNDER THE LAW OR FIRST AMENDMENT.
NOTHING WAS FOUND TO BE DEFAMATORY.
Robert Brazell, together with defendants In-Store Broadcasting Network, LLC., In-Store Broadcasting Holdings, LLC, and Talos Partners, LLC, brought a Counterclaim alleging defamation and false light/invasion of privacy based on statements published on this website.
Unsuccessful arguments made by Robert Brazell:
• The Website misrepresents facts and selectively publishes facts out of context about this lawsuit, including publishing multiple amendments to the Complaint as if they had been permissively filed with the Court, claim that Counterclaimants are being sued for securities fraud by more than forty investors, when in fact, some of the alleged plaintiffs did not authorize the lawsuit, and publishing that the Court sanctioned Robert Brazell, which is not true.
• Stating that Robert Brazell has perpetrated "one of the biggest brand frauds of the decade."
• Stating that Robert Brazell has misrepresented his role as a founder, founding board member, president or CEO of Overstock.com, and that Robert Brazell has never successfully started or managed a business in his 18-year business career.
• Publishing statements made by Patrick Byrne regarding Robert Brazell and Robert Brazell's history with Overstock.com that S. Brazell and Hitman know to be false.
• Publishing private information regarding Robert Brazell, including the private email communications between Kondos and Robert Brazell, private information regarding Robert Brazell's finances, and disclosing Robert Brazell's private affiliations with other businesses.
• Stating that Robert Brazell was "forced from his apartment in one of the Trump properties in New York City for non-payment of rent." and that Robert Brazell's primary residence was subject to a bank foreclosure.
• Stating that Robert Brazell was accused by the FTC for misrepresenting earnings and success rates without noting that the FTC's case was dismissed and that the court found that the FTC prosecution of the action was not substantially justified and had been undertaken in bad faith, vexatiously, wantonly and for oppressive reasons.
• Stating on a page titled "Rob Brazell's Arrest Record" that a Texas judge ordered the arrest and incarceration of Robert Brazell for failure to appear for a deposition, but failing to note that Robert Brazell had never been properly served with notice of the deposition or the hearing at which the judge allegedly ordered the arrest.
• Stating that Robert Brazell has "violated numerous Fed/State securities laws" and that fraud is Robert Brazell's "modus operandi."
• Stating that Robert Brazell and Talos were sued for stealing trade secrets, but failing to mention that Robert Brazell and Talos prevailed in the lawsuit and that one or more of the persons behind the lawsuit went to prison, thus creating the false impression that Robert Brazell and Talos are dishonest and guilty of stealing trade secrets.
• Stating that Robert Brazell "claims to have no money" and that Robert Brazell was "forced from his apartment in one of the Trump properties in New York City for non-payment of rent, and his primary residence in Salt Lake City, Utah was listed as a short sell on UtahForeclosures.com," without any disclosures as to the time or contextual circumstances.
• The Website makes a false and disparaging statement that Robert Brazell is involved in a scam pertaining to "a fake oil company."
• The Website makes a false and disparaging statement that Robert Brazell has lied about his personal real property acquisitions.
Judge Andrew H. Stone wrote, "The website worstceos.com is undoubtedly created to portray Robert Brazell in a highly unflattering manner. It presents an opinionated and negative presentation, often in a lurid style, of many negative facts concerning Robert Brazell. It is not a neutral Website and does not purport to be. But, with only limited and irrelevant exceptions, the literal statements supporting the expressed opinions are, under the undisputed facts presented in this Court, true." Judge Stone continues, "Defamation law does not entitle a person to control how negative but true facts in his or her background are presented to others, merely because of the conclusions and assumptions people might draw from them."
Read the full 22 page Memorandum Decision here.
Forbes says a CEO should above all protect investor share value
Robert V. Brazell tops our list of small business CEOs that fails time and again to provide returns, while living high off investor's money. Now mired in legal and financial trouble, the truth about Rob Brazell is finally reaching the market where potential investors can make better and more informed decisions before putting their money at risk.
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