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Keith Davidson

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Posted on April 30 2018

 

Keith M Davidson...

 

According to the California Bar Journal’s Publication, found here

 

Davidson had multiple CA Bar disciplinary matters:

“suspended for two years, stayed, placed on three years of probation with a 90-day actual suspension and he was ordered to take the MPRE within one year and comply with rule 9.20 of the California Rules of Court. The order took effect Aug. 21, 2010.

Davidson stipulated to four counts of misconduct in three matters. He admitted he failed to pursue a medical malpractice case by not appearing at a case management conference and a later hearing, and he took three months to file a motion to set aside a dismissal.

While analyzing a possible medical malpractice case, Davidson failed to inform his potential client about significant developments. He did not make clear that he was only considering the case, that the individual’s medical records were being evaluated by a nurse rather than a doctor, and although he told the man he would not accept his case, the individual continued to call Davidson without getting a response.

The man paid Davidson $750 to evaluate his medical records, but Davidson deposited the money in his general account rather than a client trust account. However, Davidson refunded the money.

In the third matter, he wrote a check against insufficient funds in his client trust account.

In mitigation, Davidson had no prior discipline record, cooperated with the bar’s investigation and he presented evidence of his good character.”

 

Late last week I pulled together the following Twitter Thread. With minimal research I was able to source the California Bar Disciplinary files. And later found the Hulk Hogan NDA. Which appears to have whole paragraphs identical to Ms Daniels’s 2016 NDA.

Archived link to twitter thread, here.  

Davidson’s Disciplinary record, you can read the case file here

  • Charlie Sheen
  • Tila Tequila
  • Jalen Jones
  • Capri Anderson
  • Mark Walters of TMZ Kanye’s paramour KMW Holdings
  • Richard Nanula of Colony Capital (yes Tom Barrack Colony) 

 

As CNN correctly reported the NDAs used in the Hulk Hogan sex tape scandal and separately Ms Daniels & president (then private citizen) Trump are largely identical.

 

Second NDA example:

It should be worth noting, it is NOT uncommon for Attorneys/Firms to have boilerplate documents. What is  problematic is at the time Davidson represented Ms. Daniels and her “best interest”. What’s clear is the NDA was and is onerous, it’s heavily one-sided. Meaning the $1M fine is so heavily slanted towards EC, Trump.

There’s a legal doctrine that will likely be used regarding Ms. Daniels’s NDA. The doctrine is: “shocks the conscious of a man”, essentially no man in their right mind would sign the NDA Davidson prepared for Ms. Daniels. Given that Davidson had an obligation to negotiate in his client’s best interest, when he clearly failed/  

This doctrine was a standard that the Supreme Court established in the:

Rochin v. California,

342 U.S. 165, 72 S. Ct. 205, 96L. Ed. 183 (1952). Case file here

 

The Facts of the Case:

Was the Fourteenth Amendment's prohibition against states depriving any person of "life, liberty, orproperty without due process of law,":

”..Rochin swallowed drug capsules to dispose of evidence. The police pummeled him and jumped on his stomach in a vain effort to make him throw up. They took him to a hospital where a doctor was instructed by the police officers to administer an emetic by forceably passing a tube into Rochin's stomach. He vomited the capules and was convicted on the basis of the evidence produced from his vomit.”

Question posed to the SCOTUS:

‘Did the police procedure forcing Rochin to vomit violate the Fifth Amendment privilege against self-incrimination and the Due Process Clause of the 14th Amendment?”

Conclusion:

“The Court reversed the conviction. The police violated Rochin's right to due process of law. Due process was an admittedly vague concept, but it prohibited "conduct that shocks the conscience." This nebulous approach was mocked in a concurring opinion by Justice Black.” (emphasis added)

 

With respect to Keith Davidson, this Smoking Gun Investigative Report, is a worthwhile read. Link here I never thought I’d ever refer to a Smoking Gun report as it relates to the current POTUS.  But here we are. One interesting buried lede in this article was the disclosure of Michael Waters, TMZ, KMW Holdings and Davidson. I decided to do a deep dive:

 

KWM Holdings

...is in FACT both Keith Davidson AND Mark Walters formerly of TMZ California State Corp Commission Records:

California State Corporation Commission Filing, link to database here

 

It also appears Davidson State Corporation Comission has been suspended. Granted his Bar number is I good standing but it seems odd that his Law Firm would allow their CA SCC number to lapsed. 

 

 

Which leads to the following questions:

who referred Davidson to Daniels, McDougal & Berchard?

how many other clients of Davidson are linked to a tryst with Trump?

is there an actual tipping point of the GOP as it relates to trump, who by all appearances is a morally bankrupt as his Trump Taj Mahal... 

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