Ms. Pearce, has been a friend to MOC, but I must respectfully disagree on this matter. Lawyers, just as doctors, can get things wrong. However, I am not a lawyer, so I would suggest that you take her word over mine. At the same time, I also suggest that you seek another opinion and ensure that they know about, and understand CADL v. MOC.
Keep in mind, many attorneys, including our own counsel, did not exactly have high hope for MOC's chances with CADL.
Also keep in mind that the Ask An Attorney section was removed due to lack of qualified participation.
It sounds as thought you have put a good deal of effort into ensuring that you are acting in a legal manner. Keep up the good work.