• ERIC D. WALTHER

Misconduct of Eric D Walther - Attorney with Brownstein Hyatt Farber Schreck LLP


As a Partner of Brownstein Hyatt Farber Schreck LLP (BHFS), Eric D Walther has engaged in the coordinated efforts to suppress my constitutional rights through unlawful acts.

Walther, a licensed Nevada attorney affiliated with BHFS—a national law firm ranked 141st on The American Lawyer's Am Law 200 with 270 attorneys and over $289 million in annual revenue (source: Law.com)—engaged in conduct that raises serious ethical and legal concerns.

Walther collaborated with co-counsel Morgan E. Pietz to suppress multiple protest websites I had created in lawful exercise of my First Amendment rights, including:

Walther then submitted a fabricated declaration under penalty of perjury denying any involvement in the takedown of these sites. His sworn statement was filed in support of a meritless and retaliatory anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in the Nevada case on May 8, 2025—a motion transparently intended to chill my right to petition the courts and retaliate against my constitutionally protected protest speech.

In his declaration, Walther falsely claims: “My understanding is that the online registrar that hosted Plaintiff’s websites flagged them as abusive due to Plaintiff’s SPAM email campaign, after which Plaintiff chose to de-publish all four sites flagged by the registrar.”

• Name.com does not host my websites; it is merely the registrar through which I purchased domain names. My websites are hosted elsewhere, and the registrar has no content oversight or authority to enforce email-related terms.

• Name.com would have no independent knowledge of my emails to BHFS employees unless someone, such as Pietz or Walther or his firm, reported them.

• The emails Walther refers to were sent to individuals directly involved in the litigation and cannot be characterized as “spam” under any legal definition. They were non-commercial communications related to pending legal matters between parties to a case and thus fully protected speech. See Federal Trade Commission's CAN-SPAM ACT which provides:

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Walther’s mischaracterization of my communications as “spam” both in his declaration and in Shein’s anti-SLAPP motion, appears to be part of a coordinated strategy to fabricate grounds for dismissal and discredit me in the eyes of the court.

This email from name.com regarding the take-down of diinele.com completely contradicts Walther's false allegations: "After further review, we find that this complaint is valid."

Moreover, both Walther and Pietz submitted pleadings containing irrelevant and inflammatory personal allegations unrelated to the merits of the litigation. These filings seem calculated to prejudice the judiciary and distract from the legitimate claims I have raised.

Their coordinated actions—especially in light of evidence showing improper and retaliatory takedowns, misrepresentations to third parties, and misuse of judicial process—warrant criminal investigation by appropriate authorities.

Despite being on notice that his claims were disputed, Walther refused to correct the record, refused to provide documentation justifying the site's takedown, and allowed the court to rely on a materially false statement to prejudice me, a self-represented transgender litigant. Even after I contacted the registrar (Name.com), and offered to drop my case against them if they disproved Walther’s declaration or clarified who initiated the takedown, the registrar neither confirmed Walther’s claims nor disavowed them — suggesting a knowing coordination.

Walther’s conduct reflects more than routine litigation—it reflects abuse of judicial process, obstruction of due process, and active participation in an enterprise to silence my legal advocacy and protest speech. Rather than litigate the facts, Walther and his co-counsel resorted to deception, retaliation, and procedural sabotage, including the misuse of anti-SLAPP to shield unlawful commercial acts and strip me of my ability to proceed. His acts were carried out not only in court filings, but also through behind-the-scenes interference with domain services, suppression of evidence, and direct harm to my livelihood.

Federal Violations

 

 

  • 1 - 18 U.S.C. § 241 Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.....They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

  • 2 - 18 U.S.C. § 1512(2) Tampering with a witness, victim, or an informant Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to (B) cause or induce any person to (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding shall be punished as provided in paragraph (3).

  • 3 - 18 U.S.C. § 1343 Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.

  • 4 - 18 U.S.C. § 1962(d) Prohibited activities It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.

Nevada State Bar Violations

 

 

  • 1 - NRPC 8.4 Misconduct  It is professional misconduct for a lawyer to: (a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) Engage in conduct that is prejudicial to the administration of justice; (e) State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

  • 2 - NRPC 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

  • 3 - NRPC 3.1 Meritorious Claims and Contentions A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

  • 4 - NRPC 3.3 Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) Make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (3) Offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.

  • 5 - NRPC 3.4 Fairness to Opposing Party and Counsel A lawyer shall not: (a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) Falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) Knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) In pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; (e) In trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused

  • 6 - NRPC 3.5 Impartiality and Decorum of the Tribunal and Relations With Jury (a) A lawyer shall not seek to influence a judge, juror, prospective juror or other official by means prohibited by law. (b) A lawyer shall not communicate ex parte with a judge, juror, prospective juror or other official except as permitted by law.

  • 7 - NRPC 4.1 Truthfulness in Statements to Others In the course of representing a client a lawyer shall not knowingly: (a) Make a false statement of material fact or law to a third person; or (b) Fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.




 

 

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