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SCO's Chapter 11 Trustee Appointed and Approved
Tuesday, August 25 2009 @ 05:56 PM EDT

Here he is:

08/25/2009 - 898 - Appointment of Chapter 11 Trustee (Notice of Appointment of Edward N. Cahn, Esquire) Filed by United States Trustee. (McMahon Jr., Joseph) (Entered: 08/25/2009)

08/25/2009 - 899 - Motion to Approve Application of the Acting United States Trustee for Order Approving Appointment of Chapter 11 Trustee Filed by United States Trustee. (Attachments: # 1 Exhibit A -- Declaration of Edward N. Cahn, Esquire # 2 Proposed Form of Order # 3 Certificate of Service) (McMahon Jr., Joseph) (Entered: 08/25/2009)

08/25/2009 - 900 - Order Approving Appointment Of Chapter 11 Trustee. (related document(s) 898 ) Order Signed on 8/25/2009. (BMT) (Entered: 08/25/2009)

Mr. Cahn is now in charge of the SCO litigation decisions.

He's in charge, period. Mr. Cahn is an attorney, Of Counsel to Blank Rome, LLC, and was formerly a judge, which is what the bankruptcy court judge suggested:
Edward Cahn, a former chief U.S. district judge for the Eastern District of Pennsylvania, has extensive experience in the area of complex litigation. He serves a wide range of clients in matters such as:
  • corporate—shareholder actions, securities litigation
  • antitrust
  • commercial
  • alternate dispute resolution
Mr. Cahn received an honorary doctorate from Lehigh University in 2002. He is a Tresolini Lecturer in Law at Lehigh University.
He has a great face. And will *he* ever be sorry he said yes to this assignment!

Joke. Joke. But I'll bet Judge Kimball could tell him a story or two.

And there is a statement by Novell:

Novell is carefully studying the decision of the 10th Circuit Court of Appeals. We are pleased that the decision affirmed the district court’s monetary award of approximately $3M from SCO to Novell. On other issues such as ownership of the UNIX copyrights, on which SCO’s claims against Novell, IBM, and Linux users depend, the Court remanded the case for trial. Precisely what will happen next in the lawsuit remains to be seen, especially in light of the pending SCO bankruptcy and the recent court decision to appoint a Chapter 11 Trustee to take over the business affairs of the company.

Novell intends to vigorously defend the case and the interests of its Linux customers and the greater open source community. We remain confident in the ultimate outcome of the dispute.

A Groklaw member attended today's teleconference and he reports that SCOfolk claim they have a deal in the works and hope to ask the judge in the bankruptcy to reconsider the Chapter 11 trustee appointment. That surprises me not at all, but I can't imagine it happening. [Update: In fact, to clarify, I hear that what actually happened was that a caller made the suggestion, rather than it coming from SCO. They thanked him for his suggestion, but that was it. No media questions at all, by the way.] They told him already a zillion times that they were going to prevail on appeal, and now that they only partly have, but significantly not the part about the money they owe, it's less than they assured him would happen, and even when he was considering that it could 100% happen, he still appointed the trustee. He got SCO's message that they want to sue, sue, sue, and he specifically decided that he wants someone less emotionally attached to the litigation to evaluate it.

And it's now a done deal. Appointed and approved.


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