Edward D. Greim Direct: 816-256-4144 Fax: 816-817-0863 edgreim@gbmglaw.

com July 30, 2012 VIA E-MAIL & FACSIMILE Peggy Phillip, News Director KSHB 41 Action News (816) 932-4145 Fax

RE:

Now or Never PAC

Dear Ms. Phillip: This firm represents the Now or Never PAC. We understand that on July 26, 2012, an out-of-state attorney contacted your station claiming that two recent Now or Never ads are defamatory, and stating that under the law of Missouri, your station is "not protected from legal liability." This adviceor threatto you regarding Missouri law is both improper and incorrect. Additionally, it is an improper and tortious attempt to interfere with Now or Never's contractual relationship with your station. None of the three allegedly "misleading" statements can be defamatory. First, Mr. Brunner's campaign does not deny that Mr. Brunner's company, Vi-Jon, sold assets for $35 million. The word "pocketed," while perhaps not to the liking of Mr. Brunner's campaign, is not false, let alone defamatory. Next, Mr. Brunner's campaign does not deny that 135 workers lost their jobs; the only complaint is that this did not happen immediately after the asset sale. There is no false statement in the ad, nor does Mr. Brunner's campaign claim that the layoffs were not linked to Vi-Jon's shedding of assets. The statement is neither false nor defamatory. Second, Mr. Brunner's campaign claims to refute the outsourcing claim by stating that "[a]ll of Vi-Jon's employees are in the United States." This does not fairly meet Now or Never's claim. Companies outsource jobs not merely by moving their own employees abroad, but more frequently, by simply relying on foreign contractors for goods or services that were formerly produced in the United States. Credible media reports indicate that Mr. Brunner's campaign has actually distributed Vi-Jon materials that were actually manufactured by contractors abroad. See http:// www.stltoday.com/news/local/govt-and-politics/candidate-s-company-turned-to-chinaisrael-for-tons-of/article_9f73422c-d80e-11e1-b067-0019bb30f31a.html.

P. Phillip July 30, 2012 Page 2 of 2 Mr. Brunner's campaign does not deny this outsourcing of production, it merely claims that it had to look abroad for the product because there was no domestic source, a stance that the St. Louis Post Dispatch has found to be problematic: "Still, in the current national debate over outsourcing of American jobs, the company's importation of thousands of tons of lotion dispensers from Shanghai, plastic tubes from Hong Kong and bubble-bath caps from Yantian may beg the question: Why not buy American for those items?" Third, Mr. Brunner's campaign quibbles not with the report that he has a Cayman bank account, but that having this account helps him to "avoid" paying Missouri taxes. Interestingly, presumably in order to intimidate the station with threats of defamation, the letter from Mr. Brunner's campaign actually misquotes Now or Never's ad, which took care to use the word "avoid." Instead, Mr. Brunner's letter uses a different word that connotes criminal conduct: "evade." The difference is crucial: tax avoidance is perfectly legal, while tax evasion is not. Now or Never does not claim that Mr. Brunner attempted to or actually did "evade" paying taxes. Missourians can judge for themselves whether the use of strategic tax planning to avoid tax liability is a good or bad trait. But the allegation is not defamatory. In short, there is no basis for claiming that Now or Never's ad is defamatory. In the absence of defamation, this station should adhere to the FCC's stance: "With respect to allegations of false and misleading statements by political candidates or their supporters, the Commission believes that the public interest will best be served through 'robust, wide-open' debate." Should the station nonetheless wish to accede to the campaign's improper attempt to interfere in Now or Never's contractual relationship with the station, please notify me immediately so that Now or Never can take appropriate action to protect its rights. We trust, however, that after you have reviewed the facts, that will be unnecessary. Thank you for your time and attention to this matter. Sincerely,

Eddie Greim