Thursday, June 15, 2006

Notice of clarification by Susan Arenella:


From: Susan Arenella, Attorney

Re: Clarification to June 2 article

Dear Editor:

Regarding the story “Note to Spam King: You Got Nailed” (by Howard Witt, June 2), I am requesting clarification of statements in the article. When Mr. Witt contacted me last week regarding my association with Mr. Ryan Pitylak, a client of mine who was the subject of the June 2 article, he introduced himself and spoke very quickly, asking me to answer questions regarding Mr. Pitylak, whose name he mispronounced. I asked him to repeat who he was asking me about. He repeated Mr. Pitylak’s name, pronouncing it differently, and further identified Mr. Pitylak in relation to “Unlock City,” a business name which I then recognized. He then asked me if I had filed corporate papers for Unlock City. I confirmed to him that Mr. Pitylak is my client, but that I could not comment on his questions until I had an opportunity to discuss them with my client. I repeated this statement to Mr. Witt several times as he continued to ask further questions. As you know, I am ethically obligated to keep the specifics of any of my clients’ cases confidential unless I have obtained permission from them to do otherwise.

However, Mr. Witt’s article states that “Susan Arenella, the attorney who filed the papers for Pitylak and whose signature appears on the [corporate] documents, said she did not know who Pitylak was…” This is a grossly inaccurate statement. Mr. Witt’s discussion of Mr. Pitylak’s recent abandonment of an assumed name falsely implies that there was some type of “assumed name” cover up regarding Mr. Pitylak’s new business, which is not the case. In fact, Mr. Pitylak instructed me to file the assumed name, Unlock Austin, for his new Internet city guide business to make it applicable to the Austin market, and then simply changed his mind as to which of his companies would carry the new name. Unlock Austin is by no means a secret. It is still the assumed name publicly filed under Mr. Pitlyak’s limited partnership and is currently the domain name that Mr. Pitylak has registered on the World Wide Web for his new company.

I would appreciate an immediate clarification of these points with regard to the article. Or, at least publish this letter. Thank you in advance for your response.

Susan Arenella, Attorney
901 South Mopac Expressway
Barton Oaks Plaza One, Suite 300
Austin, Texas 78746
p. 512.485.3060
f. 512.358.0998

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