Rule Statementsto 4.01 Truthfulness in Statements others to others
Inthe a. In a. ofrepresenting courseof the course clientaa lawyer representing aa client lawyershall shallnot knowingly; notknowingly;
i. Makeaa false i. Make false statement ofmaterial statementof factor material fact lawto or law thirdperson; to aa third person;or ori
ii. ii. Fail to Fail discloseaa material to disclose material fact fact to third person to aa third whendisclosure personwhen disclosureis is t o avoidmaking the lawyer party to criminal necessaryto avoid making the lawyer aa party to aa criminal act necessary act or or knowingly knowingly assisting in aa fraudulent assisting in fraudulentact perpetratedbbyy aa client; actperpetrated
Silverado Appx. 0565 No. 1-15-567-CV 1654 61.JOSH DAVIS hasmisrepresented many before thistribunal, themost 61. JOSH DAVIS has misrepresented many facts before this tribunal, the most
egregiousooff which egregious whichis theknowingly is the frivolousassertion knowingly frivolous assertionof of SILVERADO'S SlLVERADO'S feignedconcern feigned concern fortheprivacy for rightsofitsresidents, the privacy rights RUBY of its residents, RUBY PETERSON, PETERSON, employees, oremployees, or whileexploiting while exploiting theminadvertising throughout social theinternet, andYoutube. PLAINTIFFS them in advertising throughout social media, the internet, and Youtube. PLAINTIFFS
r. downloadedmore downloaded more than than 20 Youtubevideos 20 Youtube exploitingdementiapatientswho videos exploiting dementia patients who had no had no s. sr capacityto capacity toconsent consent beingusedfor tobeing to SILVERADO'S used for SILVERADO'S advertising. advertising. TANNA TANNA MCMILLAN MCMILLAN C) thatupon testified that entering uponentering commencing orcommencing or workatatSILVERADO, work SILVERADO, residents residents andemployees and employees waiveprivacyrights thatSILVERADO so that waive privacy rights so SILVERADOcan themin use them can use commercialadvertising in commercial advertisingand and marketing. marketing.
62.SILVERADO'S 62. SILVERADO'Slackof lack of regardfor regard for RUBY PETERSON'Sprivacy RUBYPETERSON'S privacy rightsin refusingto rights in refusing to permit RUBYto permit RUBY to visitwithher inprivate, sonsin visit with her sons denyingaaccess private, denying phonecalls, ccessttoo phone calls,screening screening or or failingto failing delivermail, to deliver wellasasthe aswell mail, as theassaultive assaultive showerincident shower incidentRUBY speaksof RUBYspeaks in of in thevideo SILVERADO thevideo SILVERADO finds objectionable. soobjectionable. finds so SILVERADO'S SILVERADO'S concern concern isMONEY is MONEY Silverado's Silverado's SeniorVice Senior VicePresident prepared President prepared theattached the presentation attached presentation howcritical onhow on social critical social mediais itsmarketing toits media is to marketingand margins. andprofit margins. Notably, Notably, thepresentation the thatbaby statesthat presentation states baby boomers boomers use Facebook use Facebook more than more any o than any ther other media media at rate at aarate of80-90%. of 80-90%.While While Davis Davis would would havethisCourt believethat to believe have this Court to thatSCHWAGER'S SCHWAGER'Sprotected protectedaadvocacy dvocacyand and core political core political speechon speech Facebook on Facebook iiss an isolatedevent anisolated forwhich eventfor punishment which punishment shouldensue, should federal ensue,aa federal lawsuit onfileintheSouthern District ofTexas includes Court a form"Facebook lawsuit on file in the Southern District of Texas Court includes a form "Facebook Subpoena." Subpoena." SeeSilverado Senior Living's See Living's Thisdemonstrates exploitive marketing .. This that demonstrates that Silverado's Silverado's monitoring monitoring ofobjectionable of objectionable"content" "content" Facebook onFacebook on isaaregular is regularpractice practice used used
to intimidate to intimidate others withlegitimate others complaints