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Eli Lilly lawyers email to suppress Zyprexa documents

Below is a copy of an e-mail on 30 Dec. 2006 apparently from Eli Lilly attorneys threatening a member of MindFreedom International, Eric Whalen, with legal action because of allegations that his personal web site made available copies of the suppressed Zyprexa documents for free public download. Eric is acting and speaking on his own behalf, and not as a representative of MindFreedom International. Eli Lilly mentions MindFreedom in their e-mail, so we know they are watching this web site.


----- Forwarded message

Subject: RE: Zyprexa Documents
Date: Sat, 30 Dec 2006 14:16:22 -0500
From: "Fahey, Sean P." <Faheys@pepperlaw.com>
To: eric@joysoup.net
Cc: pwoodin@jamsadr.com, EMJ@lanierlawfirm.com

Attached is the order referenced below.
As your own website indicates, and as our independent research confirms, the documents available for download on your website are the documents improperly obtained by James Gottstein.

These documents are subject to a Federal Court protective order, and the further dissemination of these documents is enjoined until at least January 3, 2007, at which time the arguments you raise below may fully be heard. If you have any doubts about the import on this Order, please state so immediately, and we will seek further guidance from the Court today. You have been on notice now for several hours that you are operating in violation of a Federal Court Order, and you have thus far, refused to assure your compliance.

Please shut down the link immediately, remove any cached material immediately, and confirm that you will comply with the attached order.

~~~~~~~~~~

-----Original Message-----
From: Fahey, Sean P.
Sent: Saturday, December 30, 2006 12:02 PM
To: 'eric@joysoup.net'
Subject: Re: Zyprexa Documents

I need to know your intentions promptly, sir.

~~~~~~~~~~

-----Original Message-----
From: Fahey, Sean P.
To: 'eric@joysoup.net'
Sent: Sat Dec 30 10:46:10 2006
Subject: Re: Zyprexa Documents

Yes. An order entered yesterday afternoon by the Eastern District of New York applies directly to the documents obtained by Mr. Gottstein, regardless of who currently possesses them. We have obtained several statements by members of the organization you are involved with (mindfreedom), which directly demonstrate these are the Gottstein documents. You must take the link down immediately, or we will take further legal action to shut down your website, and seek all available remedies.

~~~~~~~~~

-----Original Message-----

From: Eric Whalen
To: Fahey, Sean P.
Sent: Sat Dec 30 08:41:14 2006
Subject: Re: Zyprexa Documents

On Sat, Dec 30, 2006 at 12:15:28AM -0500, Fahey, Sean P. wrote:

Mr. Whalen - You are facilitating the violation of a Federal Court order. Please immediately remove the link to the file "ZyprexaKills.tar.gz" (or its mirror), including all cached materials, or we will take further legal action against your website.

Sean P. Fahey Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square Eighteenth and Arch Streets
Philadelphia, PA 19103-2799

215.981.4296 - Direct 610.999.1502 - Mobile 215.981.4750 - Fax 215.689.4642 - Direct Fax
faheys@pepperlaw.com
www.pepperlaw.com

This email is for the use of the intended recipient(s) only. If you have received this email in error, please notify the sender immediately and then delete it. If you are not the intended recipient, you must not keep, use, disclose, copy or distribute this email without the author's prior permission. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses. The information contained in this communication may be confidential and may be subject to the attorney-client privilege. If you are the intended recipient and you do not wish to receive similar electronic messages from us in future then please respond to the sender to this effect.

~~~~~~~~~

From: Eric Whalen
To: Fahey, Sean P.

The documents linked to on my website were downloaded from an anonymous source. As far as I know I'm not under any court order. Dissemination of the contents of the documents is clearly in the public interest. Is there a legal basis for you[r] request?


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