The Securities and Exchange Commission

[thepennyking]

IF YOU ARE THINKING OF SUING US PLEASE READ THIS FIRST

If you are an attorney representing a client who wants to sue us, please click here for the most important part.

Litigation is a continuing topic when it comes to watchdog sites.

Most people love hearing good news, even when it isn't true. Likewise, they hate hearing bad news, even when it IS true and often misdirect their anger at the source of the bad news instead of its cause. As a result, when confronted with exposure in an Our-Street.com report, the direction companies and their supporters seem to gravitate is toward attacking the messenger rather than addressing the issues raised. These attacks are usually in the form of discrediting and often libelous remarks on the internet attacking our motives, our strategy and our character.

They claim we are part of a large short selling conspiracy or that we are controlled by short sellers or that, despite our disclaimer, we are short selling stocks ourselves. Of course, none of this is true but that doesn't stop them from making the accusations. We accept this as part of the cost of doing business and simply ignore it. What has been consistently and notably missing from the responses since we began our work is a detailed and substantive response from the company which refutes the facts we bring forth.

Attacks can also come in the form of litigation against us for what the companies want to claim are false and manipulative statements. They want to do this despite our sincere attempt to get all our facts straight.

On each feature page, we make a very simple and honest offer.

As always, we will gladly provide a forum for any documented and verifiable comments by the company and will promptly and sincerely apologize for any errors in our facts. Our commitment is to bring forth the truth and the facts in the matter and we encourage Xxxxx to produce whatever documents they can to clear up our concerns and the concerns of what we assume are many Xxxxx shareholders.

These are not hollow promises, as indicated by the fact that we have made every correction promptly and apologized even when we didn't feel it was entirely our mistake. Still, despite this offer, precious few have taken advantage of the opportunity to refute or correct our complaints and our reports. Still, when we discover an error, we quickly correct it and apologize without any delay.

Still, as troublesome and costly as litigation is, it also presents an interesting opportunity for Our-Street.com in that the only defense we can offer is to prove our allegations are true. Litigation gives us that opportunity through a process called "discovery". In order to prove we were accurate, we have the right to ask for and receive every company document and communication that relates to each of our allegations. If we are going to be sued for publishing false or misleading information, by God, we are going to go all out to prove that we were accurate so the requests for document production will be quite extensive.

We also are convinced that these litigations will be of great interest to the markets so, at our attorney's suggestion, we intend to keep you informed of the progress made in the case through our website.

Additionally, since we really do submit all our complaints to the SEC, exactly as we say we do, we will also be forwarding any documents obtained in the discovery process, which support our allegations, to the SEC as well. We are confident they will appreciate this added bounty as it will make their jobs just that much easier.

Of course, discovery is a two way street and they also get to ask us for information to try to prove their case. What will they discover? They will discover that we really don't short stocks. They will discover that we are the only ones who pick the stocks to research and that no one tells us which one to do next. They will discover that we really stick to the procedure as outlined in the disclaimer and that we never involve ourselves in discussions of stock prices or trading strategies. They will also discover that our subscribers never know which stocks we are reporting on next until the information has been posted to the internet on an unrestricted web page.

Finally and sadly, they also will discover that this website generates so little money, simply because we don't sell out, that there really isn't anything to gain by suing us anyway. Sorry folks, no deep pockets here. You wouldn't believe how lucrative the promotional side of this market is compared to the watchdog side. Based upon the compensation we see in these deals many of these promoters make more in a month or off one deal than we will gross this entire year.

Of course, we believe that, since we openly offer to correct any inaccuracies and to publicly apologize to the market and to the SEC when presented with the proper information, anyone who sues us without taking advantage of this is doing so out of retribution and is most likely attempting to simply harass us and will have trouble even proving merit to the litigation. Accordingly, in each instance, we intend to ask our attorneys to investigate the merits of each case with an eye toward counter suits and malicious prosecution actions.

There are better solutions than litigation for both Our-Street.com and the companies we feature. The best way to make us go away is to either show us how our allegations are false or change your ways and quit violating SEC regulations. Honest and full disclosure in your filings combined with ethical promotions makes us a thing of the past.

So, before you consider filing suit, email us and tell us what you want. If you want a retraction, we will gladly give you one and you don't have to sue us to get it. We have said that all along. Simply write us and tell us which facts we got wrong, document it and you won't believe how quickly we publish the correction. If you simply want to provide us with a statement contradicting our report, then send that to us. Chances are good we will publish that as written. Just don't expect us to retract an allegation and apologize based simply upon a cry of "DID NOT" or because you don't like people reading contradictory information about your representations. Our complaints are based upon facts in evidence. If you have additional facts, provide them and we will gladly correct our report and even our opinion when appropriate. Crow doesn't taste very good but we are certainly willing to eat it along with a nice slice of humble pie if that is called for.

On the other hand, if you just can't stand it and want to sue, go ahead. Just be ready for an extensive and probing discovery process, be ready for much of what we receive to become part of the public record as exhibits made a part of the court record and accept the fact that any relevant evidence supporting our allegations will be promptly forwarded to the SEC. Also be ready for the court of public opinion because we intend to try the case in public as much as we can. And finally know when all is said and done, should you win (which you won't), it will be a hollow victory because there isn't any water in the well and finally, if you lose, you might just find that to be the beginning and not the end of your litigation with us.

http://our-street.com/litigation2.htm#atty