MAXD Max Sound Corporation (CE)

Max Sound Provides An Update On Contempt Hearing and Advancing Litigations
 
SAN DIEGO, CA -- April 14, 2016 -- InvestorsHub NewsWire -- Max Sound Corporation  (MAXD) provides a litigation update to its Shareholders on (a) the contempt case against VSL, (b) the Google matter and (c) the next steps in litigation.
 
On April 7^th, 2016 MAXD and its counsel, appeared in San Diego Superior Court for an Order to Show Cause (OSC) hearing to determine whether VSL should be found to be in contempt of Court. Prior to opening statements, the Court determined that the applicable burden of proof in these proceedings would be “beyond a reasonable doubt”, given that Contempt proceedings are punitive in nature.  This is the same burden of proof given in criminal proceedings; and since Contempt is a quasi-criminal proceeding, this is the applicable standard of proof. Following a day of testimonies, the case required additional time and testimonies, so the Court continued the hearing until April 13^th, 2016.
 
On April 13, 2016, after receiving all of the evidence the Court made the following determinations:  (1) The Court determined TopFemaleExec-2014 to be that of Constance Nash. However, while the Court determined TopFemaleExec-2014 to be that of Constance Nash, it determined that the Injunction Award was limited to VSL Communications, and would not entertain any alter ego analysis. (2) The Court determined that the Injunction Award was ambiguous as to whether VSL Communications was required to withdraw its striking off proceedings. (3) The Court determined that the Injunction was further ambiguous as to whether it pertained to “online” commentary.
 
For the above reasons, the Court determined that MAXD could not meet the burden of proof of “beyond a reasonable doubt.”  However, the Court did comment that if the burden of proof was the civil standard of “preponderance of evidence” MAXD would have met that threshold.
 
“VSL’s defense found a legal loophole that basically forced the Judge to have to ask herself whether all reasonable doubt has been removed on whether or not Nash is acting on the behalf of a citizen with 1^st amendment rights protecting her assets as Vedanti not VSL.” said John Blaisure CEO of MAXD. Blaisure continued, “Although we would have liked for the Judge to rule in our favor, her decision simply reinforces our resolve for justice, and we will continue to pursue legal remedies afforded to us in US courts and abroad.”
 
Yesterday’s OSC ruling allows MAXD to move forward with its various actions against Google and others, including filing an appeal in the US Infringement Case Against Google. “We intend to appeal the court's decision and are confident that it will be reversed by the court of appeals," said Eric Buether of Buether, Joe & Carpenter, Max Sound's lead council in the United States’ case. This Appeal and other corresponding litigations are slated to begin being filed within the next 30 days.
 
About Max Sound Corporation: As creators of acclaimed MAX-D HD Audio, Max Sound can provide a better solution for Audio, Video and Data transmissions. Max Sound Corporation is the company that brings forth technologies for the betterment of our digital world, including VSL's Optimized Data Transmission Technology. Max Sound®, MAXD® and MAX-D Audio Perfected® are registered trademarks. All other trademarks are the property of their respective owners. To learn more about the MAX-D Technology, please visit http://maxd.audio.
 
SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: Statements in this press release which are not purely historical, including statements regarding Max Sound's intentions, beliefs, expectations, representations, projections, plans or strategies regarding the future are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. The forward-looking statements involve risks and uncertainties including, but not limited to, the risks associated with the effect of changing economic conditions, trends in the products markets, variations in the company's cash flow or adequacy of capital resources, market acceptance risks, technical development risks, and other risk factors. The company cautions investors not to place undue reliance on the forward-looking statements contained in this press release. Max Sound Corporation disclaims any obligation and does not undertake to update or revise any forward-looking statements in this press release. Expanded and historical information is made available to the public by Max Sound Corporation and its Affiliates on its website http://maxd.audio or at http://www.sec.gov.
 
Contact:
Max Sound Corporation
info@maxsound.com
 

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