Great since nothing that behl has PRd has come true and only deception has come from those PR's and announcements and has done nothing but overall lost money in the pps, but one can do anything they like.

Many have listened to the so called "bashers" (realists and more knowledgeable traders) and have saved their net worth and capitol for basically everything has come true about this stock when remarking upon what this toxic shell is going to do from those people.

Great odds (black and whites) and buy those cheapies. More where they came from especially when it does a A/S increase and/or R/S. Great MOMO, volume, and believers (sarcasm). Of course one shouldn't look at how a stock trades or how much interest is in it or what its worth and how much one can sell it for, just listen to publicly made PR's and announcements from deceptive owners of a toxic shell. Great, good luck with that.

Out of business is not a guess. You bet, anything from the company or PR is not proven and in fact has been proven wrong with the last couple of years of all the PRs and statements coming from this toxic shell. No valid address of any business of behl can be proven, no valid management of behl can be proven. In fact the only "black and white" that behl has is deception, lack of any statements of value from the owners of this toxic shell, loss of value for any left over shareholders, and no practical trading. But the pinky market is chalked full of unproven beliefs.

If one wants more "proven" stuff, need to go to the big board and even that can be just a bunch of unproven statements.

Thats what the market is, what one believes it will be and that belief is based on the past and statistics of the business and those statistics and all past business of behl are pretty bad and nothing to base any real "investing" or good trading practices on. Seems like most agree due to lack of any MOMO or pps in this stock. FACT.

BEHL all ready went out of business and got evicted from their address and ended up in debt owing about everyone and now has no product, no business other than the remaining toxic shell. Just a ticker that will be filled with some supposed "new" business with increase of A/S and a R/S to make the owners of the shell "new" money.

Yep a whole $30 bucks worth (whooo) and then now .0002 is back for just a few more shares or a grand total of (drum roll please) around $50 bucks worth of shares. This thing is just a toxic shell with no business, no product, and practically non existent trading.

Don't even really know that. "DF" stated a name that he wasn't and nothing but deception has come from this shell so nobody even knows if this guy is real or if he even has an address. Could be living in a van for all anyone knows.

BNPD has nothing to do with BEHL except that the same dirty shell owners are buddies and as with both shells are dark and nothing but bad business behavior and deceptive practices and no worth or trading or investing purposes.

No work, no product, no business except selling shares of shells, period and no amount of go SHELL will do anything for the bag holders that keep stating it.

800 posts on the behl board starting and since Aug 2009, maybe one should check back on their own posts for answers and DD. Just a suggestion if there is forgotten information.

Not too amazing DD, pretty standard stuff. Anyone who is invested in this stock should have already links to sunbiz and other state and federal authoritative bodies and should use them just as the SOS of Nevada should have been used for the scam deal on the so called "free" shares razzle dazzle reverse along with just the normal statistical nature of what these companies like behl do with them.

Anyone who in the past has gone on "updates" from behl has been lied to and has seen the pps gone downward and nothing that has been "updated" of any value has come to pass in the last few years of this shell and has now gone out of business waiting for some "new" business to fill the shell.

Lack of being in business has no links and the only link for this shell is some quickly done web page copied from some other shell (ENTK) that the owners mutilated the shareholders value with. There has already been links to that copied data.

There was about $2500 total value traded today -- thats shell trading in pinky land. There are hundreds and thousands of pinkies to study with unless one wants to be in "hope" mode and just keep "hoping" for some white night on a white unicorn to come in and save them.

This shell is what it is, nothing abnormal for a scammy pinky, with dubious characters running the shell.

There can't be a business or company just on a statement from the ones who own the shell or a PR. There has to be filings and registering with the government and some valid address and valid administration who does not hide under a rock or is just imaginary and just a name filled out in a form. Thats just a given and "hoping" for "updates" from some so called company that has done nothing but deceive is not very good investment or trading practices.

I would expect a very short term pump coming at some point, but who knows, they may just let it simmer and nurse the share selling for awhile before the expected increased A/S and R/S. Not too many behlievers to get any MOMO going for even short term trading, it's pretty much non existent.

One is not a long if they are green every time it hits .0003, and good luck getting any of those anyway, .0002 is best here at least any amount that is worth mentioning.

Long means that they didn't just buy which would have had to happen unless they were totally mistaken and bought years ago and could have gotten a much better pps price and bought back in which was so obvious and stated way back. Just ridiculous to keep shares for years in this stocks past, I would just say plain lousy investment or trading practices.

So the only "green" that your mentioning are short term holders at this point. But like I said, no real trading from buying at .0002 and trying to sell at .0003 at this point and anyone who is stating that they are doing it is either an insider that is criminal in nature or just BS. Again all these "7000" (might as well be 100,000) doesn't make this shell any more worth it, only makes smaller and smaller pieces and less and less worth for each individual. And one doesn't really know the number anyway, there has been so many lies and deception from the owners of this shell, you can't believe anything that is put out by them.

The only thing that is happened here is the owners of the shell shares selling (fact) and there is a failed business (fact), no product (fact), continued increase in A/S and shell share selling (fact), and odds are that more increase in A/S and R/S decreasing any "investment" even more (those odds are also fact).

Fact is that this has been one dirty shell and there is at this time no indication that it will change for the better other than maybe a quick trade (and thats even a big if).

"Averaging down" does not make the shares bought at so much higher pps any less of a loss. Those are gone, period. Maybe some "new" shares bought might bring some profit, but again, thats a big maybe. There is a definite good chance that the A/S will be increased again, sell off, and a R/S at some point, so even buying now could very well just result in more losses.

Plenty of old longs that have stated and been heard from that they are out at higher pps and saved their capitol. The only "longs" are the ones who are left, thats not saying much (longs that have left are not longs anymore), and the ones who are left are at a large loss for the most part, thats just the numbers and it doesn't matter what "averaging down" has been done. What the shares have been sold for and how many have been sold are the numbers and what it is now are the facts.

Obvious by math the odds are more too A/S increase then R/S way more than this getting to a penny before that and anyone who is still holding are for the most part is never going to see any profit with this shell. But hold on tight, buy more, average down more, light cigars with a hundred dollar bills, whooooo.

Basically the only "longs" left are just in hope mode, thats all there is to have for this shell now. Hope is all the "longs" have left now with this stock. Hope is not an investment or trading strategy, at least not a very profitable one.

According to all of the posts of predictions of runs and razzle dazzle dividends, they've been 100% wrong and at the .0005 price that was stated, one needs this thing to go up 150% just to break even minus fees -- 60% down at the moment if one can get the two's. At .0001 -- 80% down and needing 500% up to break even. Just how some of the numbers work out and those get desecrated when R/S happens at a total loss.

Sure some stinky pinks can do it for a quick sale which usually can get pretty close to the same profits in a few hours instead of months of holding, this one is going to have a hard time due to this shell is just "looking" like a real dog and one dirty POS stock.

Can't debate the astronomical odds that have already been set in stone for these things. Sure one can "hope" for an "assumption" that it will beat those very large odds though. Good luck, not the way most play poker or bet on things, but good luck with it.

Doesn't mean he doesn't have shares to sell. Funny that they are still using the address they got evicted from, nothing there. Goes to show one what really this shell game is all about, nothing but deception and scammy penny tactics.

Well the Pump and Dump of last year actually year before (last year just plummeted downward all year into this year) was with very little A/S and low float and a criminal promoter that was shut down by the feds. So that isn't going to happen at all.

Now the A/S is maxed out at 5 billion and ready to increase with nothing but a shell and no business, no product, no nothing just waiting to increase the A/S again and R/S in order to get any financing.

This shell has already done the increasing of A/S and maxing it out and scammy phony business attempts to some defunct situation and evicted from their headquarters.

Now all is left is a shell in debt that needs to start a "new" scammy business and sell shares to finance or make profit on the cost of it. The only way to do that is increase the A/S and/or R/S to do any financing and take advantage of any so called limp pumping.

This poker tournament has been nothing but losses for most. The numbers that have already taken place have made this tournament very bad, fact. All one has to do is look at the last year or more of the chart and all the shares were bought at higher pps. The best what one could have done and that would only have been just lately making it a very small percentage is be at a loss for buying at .0003 or at best even buying at .0002.

No "averaging down" could have made most of the shareholders to anyone who has held in any profitable territory. It is astronomical odds that this will do anything to even get anything close to breaking even for most, thats just the numbers and fact, no assumptions.

Increased A/S and R/S is coming -- called what has happened sometime back and was right. I and others who know this game will be right again.

But if they can pump this shell to any momentum in some "new" business (old is gone), I'll swing right there with anyone else. But there is no long term "investing" here, thats for sure. Not until after they do the increases and R/S can anyone even look at it for anything other that a day or two trade. I have very big doubts they will even make much for that. Their limp pump on the copy "web page" and "new" front imaginary man for some "new" business didn't do much and not many believed that's for sure.

There was a whole 1.60 worth at .0001 so not fixing much. About all that can be traded here is buying at .0003 and selling at .0002, won't fix much with that either. Can they pump something into it where one can get a any decent amount of shares sold at .0004, going to be rough, that's for sure. The only thing happening here is just the shell swapping spit between the .0001-.0003, mostly .0002, but not too many normal folk are getting in for any profit. There has been less than $1500 bucks total trading here today, thats pretty much dead in the water right now.

The shell selling the shares is going to get most of anything if they can get this up that far on the bid. Pretty much most have a bad taste with this shell, that volume and strength for any trading is not going to be easy, thats for sure. Plenty of stinky pinks out there that can create more excitement and take the money.

The assumptions are just statistical almost 100% of the time and proven all the time and the statistical assumptions that have been done already have been proven right time and time again with this stock. One really shouldn't bet against the overwhelming odds, it's like getting a inside Royal Straight Flush five hands in a row. Pretty astronomical odds.

I'm glad R/S doesn't bother you or increases in A/S. Great. Nice to have ones who don't care that they loose money on the pinks. Cash flow for the criminals and scammy pink shell holders.

Talk about assumptions. Whats going to be the income with your DD? How do public pinks work and finance for any upcoming "new" business when they do shells 99% of the time. Yep, real DD shows that more A/S and R/S. Behl is a shell with no business, no product, no nothing except for future looking statements that haven't even happen yet, but I'm sure those statements are going to come, or it will just simmer here with no real volume or trading except unloading the shares.

Down on the bottom in worth -- No, not even. But the remaining shareholders that are in "hope" mode are pretty much down and out for anything. When the R/S happens it goes even farther down on the "investment". Trading might be an option if it gets any strength in the volume and a few ticks up, but thats even a big if. But the norm is to try to pump and dump once again and I really doubt that Pawson or other owners of the shell shares are not going to try to get more free money. But they better do a lot better in the "pumping" than they have to get this thing even a few ticks off the ground, but still will not help any old money, just getting ready for the new gullible "investors" and any traders that just flip the thing. Some pinks wins, some don't. This one is a doesn't for anyone who has bought into this for the most part. Most of the dead horse beaters are in it for way over anything this will do at this point.

I day trade or quick flip these pinks all the time, don't see anything yet here to jump on, thats for sure. Plenty of action elsewhere and it's only BS if anyone says they are getting trading action and any profit with this one now. And like most and like what behl has done in the past, one better be pretty quick for any spike because it won't last very long because the owners of this shell shares will dump right into it like they always have.

One just has to look at any chart, correlate the share increases, volume, so called news, and it will tell the whole story.

Of course the A/S and/or R/S will happen at some point, its the only direction it can go, it's just too obvious.

What going to happen is it just is going to get even dirtier, thats what needs to happen for the owners of the shell to make more quick money. It can and will happen, more dirt, more shares to sell to pay for the shell, R/S soon. Maybe an increase or two before. Many need to learn what 99% of these pinks are and do some real DD, not the easy dreaming stuff.

Website, sunbiz? What a joke. They copied from old ENTK for website. Sunbiz has shown behl to be the sloppiest most desperate filing that I've ever seen for pinks yet. Filing is the easy cheapest thing to do and will soon show more A/S or/and R/S. What does one think there is going to be for income? You've got it. Shares and more shares. Thats how it works, thats how its always has worked. No magical white horse investor with big bucks to build green things and then poof, income on a financial, just some BS made up business program and then some more shares sold.

But hey, probably a few more pump fluff PR's for some share selling and then throw away the old investors and start on new ones. Stating "new business" but still the oldest game in the book. Any real DD tells one that and this BS is nothing but common shell games. Really is the sloppiest DD thinking anything else here and just dreaming.

Investing in these stinky pink share selling scammies hopefully is not what anyone is basing their hopes on -- will always turn into losses that way. Quick, fast, you bet, take your money quicker than you no what goes through a goose. Some need to look at their dead horse investment strategies, thats for sure. This one has already taken a few horses down where there is no way it is ever going to break even or get back in the race again, at least not for any current shareholder. Best to hope for is pumping this thing up a few ticks and get rid of it. If it even is allowed to do that before another A/S increase or R/S. 5 billion A/S, thats nothing, just wait.

Working real fast and desperate, you bet, good luck with that one. ROFL

Nothing to CEO over. Now if there was a way to just remove his shares without his free money or remove Pawson money from the BS's pocket or remove the fact this is just a shell selling shares, that would be a decent accomplishment.

But no, the shares are still going to be sold, R/S still going to happen and the last remaining value disintegrated.

I guess I wasn't paying enough attention, sorry about that. Sarcasm is not very different sounding than the dreamers and bag-holders statements that just come out of a dream with no substantiation or reality.

Looks like more dumping today for whatever the shell can get, wasn't quite the stack of two's as was last week. They might just have to dump for .0001. The only problem is that can cause a no bid and they know it. Quite the conundrum for the shell. But there is always the R/S to make money with.

I know quite a few people in UTAH, where is the address of the headquarters? Link to SOS of Utah? By the way, there are scammers everywhere and a state or area of business doesn't make the company or person. Neither does just PRing a webpage or name or place.

Good luck, buy, buy, buy, one can choose to loose more money if they want.

Thats a real joke -- more imaginary stuff. Most shares are going for .0002 and the VWAP has gone down dramatically since the last fluff pump (only got pumped up to .0003) with no volume other than the dumping last week and some dumping today. Got a few more bagholders that are down 33% from those .0003 at best.

When sub pinky scammy stocks are between .0001-.0003 there is always the "whopping" word attempted. This is just a shell selling shares before the R/S. Complete garbage stock, no real trading opportunities other than the ones getting rid of the shares like "df" and Pawson.

Since no business in BNPD other than a shell and a phony reverse razzle dazzle to sell shares in behl and the whole thing was just a scam to be blamed on "others", and the only connection is with criminal nature of Pawson and "df" of the shells, then yes I guess its time for the supposed radio show is due to sell the remaining shares before the R/S of behl.

Just put on by a promoter and rinky dink promotional site with not a real radio show, but just blog talk that anyone can do. But free advertisement for the Pawson and "df" to sell the founders shares.

Just like was projected.

Yep and value to someone's name who buys them and associates themselves with this dirty shell -- negative $25,000,000-$30,000,000. And thats probably on the light side.

Not very likely IMO. OOIL has their own thing going on and not very good relationship with behl. Those people seem to be more on the respectable side and have all the science to get along fine without anything Pawson or "df" has to offer. Behl is pretty dirty to be messing with for OOIL. They would do much better at least image wise to stay as far away as they could from the dirt, would only disgrace them IMO.

The only thing behl has to sell are shares and a dirty shell.

There is no or minimal at best value in any intellectual property. Can pretty much make any stuff up when it comes to what behl might of had. In fact most of the design was pretty much taken from somewhere else in the first place and any real science has gone other places.

Exactly and specifically what "intellectual" assets are there that have any major value? What exactly is that value? Nothing worked to production and still doesn't. Anything that behl had is so far behind the rest of the algae industry now, its just pitiful.

The ONLY value now is the shares in the shell and what the shell by itself is worth. Thats just plain business and anyone who would think "value" other than the shell would be just plain stupid and have no business sense at all. Really .0001-.0002 pps, jeez, I could manipulate some property around and buy it, thats not saying much. It's just dirty money to be sold with more dirty money and if one wants to buy dirty pinky shells, it just makes that person dirty also IMO.

Someone a lot bigger and well known would come and buy it if there was actual product or any real intellectual value. But there is really nothing this ticker has that hasn't already been done or could be done without dealing with these people. The algae or "green" industry is a very fast moving industry and has some of the best minds and money involved and has long passed up anything behl was or is.

Real business people or entities don't and won't deal with the criminal and dirty nature that this ticker has become. They just plain don't need to due to way too many better opportunities in the "green" world to deal with for the money.

I'll second the nice write up by the way (or sixth, twelfth, etc -- little late here). But one has to remember that it wasn't the first time for this same charade. The same reverse razzle dazzle with some of the exact same wording and charade was done just a year prior with PRs. Some imaginary thing then also. Must have been the "other peoples" fault then too. Company sold a lot of shares then too I presume.

It seems that they copy and paste events with just a little editing about on a every year cycle with BEHL and the other shells. Doesn't matter who the "president" or other officers are. And it won't matter what or who the so called "new" president is either. With shells such as these, it's all "imaginary" in order to sell shares.

At some point shells of this nature just get so dirty they're called "behl". Sort or like the "ralph" joke after one has had just too much.

Oh and the new webpage, looks like just the same from Pawson and the like. Same old game, same words, needs new money, doesn't care about the old really anymore. R/S next.

And here's an old post from the "old" ENTK (now SUFF) around the first part of last year about that copy and paste.

Quote:
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Looking at how the launch unfolded yesterday, I'm guessing the web designer is doing this on his day off (Sunday). I know they're definitely planning on having the "Storefront", as was shown in a screenshot on the previously listed 'under construction' homepage. I guess he didn't have time to get it finished-up as may be the case w/ the Waste2Energy info as well. They appear to have given themselves a bit more time to get-it-all-together by March 1st. Hopefully , the financials will be filed by that point (at the latest) as well.

Based on the categories listed in the "We are committed to:" section of the "Investors:" webpage [ envirotekusa.org/investors/ ] , they appear to confirm they are concentrating on, & are actively engaged in the following sectors:
*Extreme Bio
*Algae Bio--Open-pond & BEHL (I know they keep in touch w/BEHL on a regular basis)
*All Green Energy & LED
*RTR Global--Waste2Energy
*MagneGas
--------------------------------------------------------------------------------


http://investorshub.advfn.com/boards/read_msg.aspx?message_id=46921056&txt2find=webpage



And did we have fun watching those shells? Anyone want to go for the "turn around" again?

Quote:
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Emerging Green Companies Provides Last Updates of 2009

LAS VEGAS, NV, Dec 28, 2009 (MARKETWIRE via COMTEX) -- EmergingGreenCompanies.com today announced it's providing the last updates it will issue for the year 2009.
This year has been amazing, while in the middle of one of the worst recessions in U.S. History. The sector of companies related to "Going Green" has still flourished. As the economy completes its turnaround, 2010 should really become interesting.

BioCentric Energy Holdings, Inc. recently announced that it is moving its headquarters to Santa Ana, California, and that they have received the first run of their Patent Pending Plastic Corners. We look forward to conducting an interview with Dennis Fisher at the new headquarters, as well as covering the NAA Convention in Las Vegas.

Also correspondents were recently onsite at the Fiesta Henderson, a Station Casino's property, to view the installation of ENVIROTEK'S energy saving device in their parking structure. Management and Electricians onsite were pleased with the ease of the install, and early testing was showing a savings in power of roughly 31%. We plan on airing some video footage of the install after the holidays.

With so many positive aspects coming out of ENVIROTEK, Emerging Green Companies is planning to showcase them in a Television Ad as a company to watch in 2010.
--------------------------------------------------------------------------------

"New management"??? Please, tell us about them, who are they, what do they have, where have they been, qualifications, resources???? Real "new" business doesn't hide under rocks do they? I mean I can see the copying that the "old management" has done recently, what about "new management"????? We all would like to hear more, not just believe in a figment of imagination. How about a real address to start with, not just one they've been evicted from.

"Turn around", more of the same from this shell. At least they should of made a little money today for another PR or maybe a freebie "interview" at least. There are plenty more shares where the ones today came from. But it doesn't cost much for a R/S filing.

Well, I'm sure BEHL would of liked the .0003-.0004 bids stacked up, but it had gone to practically nothing on volume out of the last fluff PR, so they just played it the best they could and let it go for the stack of .0002's. Wham, bam, and not even a thank you.

Talk about webpages, the old biocentricalgae.com finally closed and domain up for sale. Haven't checked it in a few weeks, but it was there not too long ago.

And here's an old post from the "old" ENTK (now SUFF) around the first part of last year about that copy and paste.

"New management"??? Please, tell us about them, who are they, what do they have, where have they been, qualifications, resources???? Real "new" business doesn't hide under rocks do they? I mean I can see the copying that the "old management" has done recently, what about "new management"????? We all would like to hear more, not just believe in a figment of imagination. How about a real address to start with, not just one they've been evicted from.

"Turn around", more of the same from this shell. At least they should of made a little money today for another PR or maybe a freebie "interview" at least. There are plenty more shares where the ones today came from. But it doesn't cost much for a R/S filing.

By the way, the average value of those shareholders: around a hundred bucks if one wants to believe the "amount of shareholders" has validity. Now thats BEHLief for ya.

But hey, it's more than its going to be worth. One can still go out and get a really nice dinner or a couple of pretty good dinners or a few fast food runs still.

There's that yelling again, must really have to YELL loud to make one self to BEHLieve that these aren't losses that bag holders have, they are just a figure of IMAGINATION. The market doesn't really work the way that BEHL is selling shares, no way, say it isn't so. Going to get pretty hoarse fingers pretty soon. Still doesn't make the dream come true.

I'm sure the amount of investors can go up also with the R/S, that will make it better, you bet. Lets get the pieces of pie smaller and smaller, I'm sure that will work. Good luck with that.

And a few hopefuls say that it isn't about selling shares. About 145 million shares traded, about 144 at .0002 and about 1 at .0003. I think "name stealer", Pawson, VW, etc really was hoping for more of a increase in pps from the BS. Gave it the old try anyways. Should be more "tries" coming. They need to spend more money on PR's and manipulation of the trading. The schemes need to dig deeper in the old pockets if they want anything more before the old R/S Dazzle dip. But those preferred will go for .0001 also, it's all free money from the flock.

VW is always full of crap. He is part of this scheme and helps "df" and Pawson out to sell shares as far as my thoughts go. There was no intermingling by the SOS, why don't you call them and state here who you talked too. The intermingling is done by the ones who turn in the reports and they are still messed up with matching officers so I would expect some more "mingling" to occur and more BS from the VW.

Of course the BS can be smoked out of a tailpipe before it happens, BEHL and the VW is in desperate mode right now, anyone with any sense can see that now.

But here is no BS on the .0001-.0002 and more than 90% of what has been spoken here and what BB has stated has ALREADY come true whereas what the VW has stated over 90% has been proven false. Hmmmm, go figure.

What??? Didn't you see that spike when they got that webpage going to sell green light bulbs from the store which then would be pictured and stated that they were made out of old green algae run on biofuel and that big fluffy PR?

What a spike that was. One would have missed it if they blinked to long. .0001-.0002 all the way up to .0002-.0003 Whooo.

The VWAP got to about .00028, yesterday .00025, and now today .00020 right now. And now the bid just went back to .0001 just as expected.

Better pump those light bulbs again, but I guess "df", Pawson, and the VW getting the .0002's were better than the .0001's and probably took on some more bagholders at .0003. Still might get some more, buy the 3's while they are cheap before they get even cheaper at .0002 LOL.

Try PRweb were it was originally ran back in April 2009

http://www.prweb.com/search.aspx?search-releases=bnpd&hitsPerPage=20

Also what comes up is the Cal-Bay which has the connection to Roger Pawson who has the connection to BEHL, ENTK, and others also. Just shell games.

Oregon House passes anti-SLAPP bill

By The Associated Press
05.07.01
Editor's note: On June 1, the Senate approved House Bill 2460, and the House approved the Senate's amendments on June 5. The governor signed the bill into law on June 26, and it went into effect Jan. 1, 2002.

SALEM, Ore. — The state House has approved a measure that would allow defendants to quickly challenge lawsuits designed to intimidate them into keeping quiet on public issues.

On May 4, representatives voted 50-8 to pass a bill targeting Strategic Lawsuits Against Public Participation, which are often filed against individuals who speak out on development or other issues by interests with deep pockets who claim defamation.

The lawsuits are intended to silence critics who can't afford litigation.

"This is a threat against any public participation in public decision-making," said Rep. Kelley Wirth, D-Corvallis.

Rep. Kurt Schrader, D-Canby, said such efforts lead to decreased civic involvement when people drop out of public life for fear of getting sued for expressing their opinions.

"Unfortunately, they're intimidated by powerful interests against which they have no recourse," he said.

House Bill 2460, which now heads to the Senate, would allow defendants in SLAPP suits to file for a special motion to strike claims that they had defamed the plaintiff. That would mean a judge would quickly rule on whether the case had any merit and put an end to groundless claims before legal fees could skyrocket.

"They (defendants) will not be forced to spend a year or more in court to defend their right of free speech," said Rep. Lane Shetterly. The Dallas Republican cosponsored the measure with Schrader.

If a judge determined defamation had possibly occurred, the case would proceed.

"It's no license to lie," Wirth said.

Rep. Cedric Hayden said he was concerned about the nature of the bill and thought it might "deny some industries and individuals … their right to a fair day in court."

"I have grave concerns about the merit of this bill," the Elmira Republican said.

But Schrader says the measure merely levels the legal playing field. He cited an example of a community activist in his district who received a note warning her to "be careful" when she spoke out against developers.

"That's scary," Schrader said. "That's just scary."

The elderly woman was then slapped with a $250,000 defamation suit after ignoring the warning. Schrader said taped telephone conversations showed the developers intended to scare her off and "put her away."

http://www.firstamendmentcenter.org//news.aspx?id=5106&SearchString=oregon_anti_slapp



IMPORTANT CHANGES TO OREGON'S ANTI-SLAPP STATUTE (ORS 31.150) go into effect January 1, 2010.
Has your client been SLAPPed by a "Strategic Lawsuit Against Public Participation?" Have you been surprised by a Defendant's Special Motion to Strike? The 2009 Legislature made many changes to Oregon's Anti-SLAPP law which was first adopted in 2001 and modeled after the then-current version of the California statute.

If a claim (or counter-claim) in a suit is based on Defendant's use of language or other forms of expression--whether that claim is for defamation, interference with business or other commercial claims, intentional infliction of emotional distress, violations of consumer protection laws, or a number of other types of claims--the Defendant may make a Special Motion before any further pleading. Generally, the Motion must be made within 60 days of service of the pleading. Discovery is immediately stayed.

ORS 31.150 requires the court to engage in a two-step process in reviewing the Defendant's Special Motion to Strike:

1. Does Defendant meet the threshold burden of showing that the Plaintiff's claim arises from Defendant's "right of free speech in connection with a public issue or an issue of public interest" (the "arising out of" prong)?
2. If so, then does Plaintiff show "that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case?" ORS 31.150(3).

See, Staten v. Steel, 222 Or App 17, 29, 191 P3d 778 (2008). Both grants and denials of Special Motions will now immediately be appealable as limited judgments. A prevailing Defendant is entitled to attorney's fees; a prevailing Plaintiff is not.

There is very little appellate guidance on this statute in Oregon. There are serious Oregon Constitutional questions about the interplay between the new procedural burdens, lack of discovery and Constitutional guarantees. Consider the issues in a per se defamation case: Plaintiff has a common law right to hold Defendant strictly liable for false, injurious words (Oregon Constitution, Article I, § 8), to have a remedy for injury to reputation and to have Defendant's credibility and motives assessed by a jury (Oregon Constitution, Article I, §§ 10 and 17). Yet the anti-SLAPP statute gives procedural advantages to the Defendant who has injured another through speech, denies discovery to Plaintiff and allows the court to review “evidence” in a dispositive manner only weeks after the suit is filed.

Is It Really Defamation To Call A CEO ‘Scum,’ A ‘Turd’ And A “Clown’?Jan. 11 2011 - 5:04 pm

By WILLIAM P. BARRETT

Even though it’s publicly traded, you’ve probably never heard of Lecere Corp., a tiny, two-year-old start-up firm in Portland, Ore. that is developing restaurant-management software. One reason might be because it has nil revenue. Another is that the firm is listed only on the somewhat- dodgy Pink Sheets, last trading at 22 cents a share.

But the company did draw the attention of contributors on InvestorsHub.com, one of many investor Web sites that that allow posting of anything-goes comments on discussion forums. Although probably no worse than what is said online single every day about President Obama, the comments cast aspersions about Lecere and its CEO, James B. Morris.

But really, is it actionable if the CEO is called “scum,” a “turd” and a “clown”?

We may find out. This morning, Lecere said it filed a defamation lawsuit in Portland federal court against seven defendants called John Doe 1 to 7. The company issued a press release touting its move and calling it an action of last resort. “To have a few individuals manipulating our stock price through defamation of the company is not fair to the other shareholders,” Morris was quoted as saying. “We have tried everything possible to get these people to stop publishing defaming information.”

The lawsuit seeks $2 million and a court order prohibiting the unnamed defendants from “publishing any future statements regarding Lecere”–apparently, even if they are true.

So what exactly was said?

According to Lecere’s own lawsuit–now a very public record–John Doe 1, who posts under the screen name “sheck,” said on December 30 that Lecere was “dead,” “will be good only for the d-team flippers” and that “there is nothing of value left.” Morris, the poster, declared, was a liar. John Doe 2, whose screenname is “advantagetrading,” posted that Lecere had gone bankrupt and that Morris was not only a “clown,” but “incompetent.” John Doe 3 (“TavyCat”), John Doe 6 (“bradydrums”) and and John Doe 7 (“fb481777?) questioned Morris’s ethics and propriety.

It was John Doe 4, a/k/a”riva5,” who declared Morris “scum,” and John Doe 5, who under the name “donclc1? said he was a “turd.” The lawsuit explicitly listed both of these as examples of “false statements”.

The lawsuit says the comments were false, “diminished investors’ confidence in Lecere,” lowered the stock price and prevented the company from raising further capital. ” That it could surely use. Its latest available financial statement for September 30 listed a balance-sheet net worth of just $54,000. After a recent and unusual 1-for-10,000 reverse stock split, the market cap appears to be just $235,000.

The company did not immediately return a call seeking comment.

Besides the fact that the blogosphere is likely to erupt over this attack on the way it normally operates, the lawsuit would appear to have some legal problems. Many of the complained-about comments appear to be non-actionable opinion or forward predictions. It isn’t clear if the company can sue over comments about the personal characteristics of its CEO, who is not a party to the lawsuit. A request to bar all future speech, whether or not true, might be considered overbroad.

And to proceed, Lecere likely would have to convince a court to issue a subpena to InvestorsHub.Com Inc. for the unique Internet addresses used by the offending posters. The web site is not a named party and under U.S. law is not liable for postings of third parties. InvestorsHub.Com Inc. is a wholly owned subsidiary of of ADVFN PLC, which trades on the London Stock Exchange.

http://blogs.forbes.com/williampbarrett/2011/01/11/is-it-really-defamation-to-call-a-ceo-scum-turd-and-a-clown/?partner=yahootix