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| Authored by: Anonymous on Friday, June 15 2012 @ 03:51 PM EDT |
Caveat: this is based on how I view his personality given all the background
behavior that we - the public - can actually witness.
First:
Boies
has no problem beating a dead horse.... he doesn't even have a problem
pretending to beat a dead horse that's not even there.
Second:
Boies
has no problem footing the bill for lawsuits out of his own pocket. One only
need review the gardner lawsuit to see that.
As I said: just my humble
opinion on his character.
RAS[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, June 15 2012 @ 03:59 PM EDT |
Just for fun, I wonder what's going through the mind of Judge
Cahn.
I imagine it was something along the lines of "SCO isn't
completely dead yet, obviously we haven't been trying hard enough". The
principals in the matter won't lose interest until all the money is gone.
Another court case will sole that problem nicely, and let Mr. Cahn go on to
other more worthwhile pursuits.
[ Reply to This | Parent | # ]
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| Authored by: sproggit on Saturday, June 16 2012 @ 04:22 AM EDT |
He's in it for the money.
As part of the process of taking on the role of Trustee, Cahn secured the
services of Blank Rome, the law firm where he works, to basically take over the
legal services that SCO required to work their way out of bankruptcy.
Don't forget, he's had staff lawyers working on reorganisation plans, the Novell
case, the appeals, winding up bits of the business, selling the Unix business,
and so on.
There's now nothing left in SCO to generate income other than the potential
windfall if they win their case against IBM. (That must be in the Har-Har Galaxy
in the Ho-Ho-Ho Universe, of course...)
But - and this is the important bit - Cahn [through Blank Rome] get paid for
this. He's a lawyer. A good lawyer will always give his client the best possible
advice. We all believe that the best possible advice in this situation is to
drop the case, pay the creditors and walk away.
Don't forget that when SCO filed for Chapter 11 Protection they had enough cash
on hand to pay *all* their creditors and leave enough for a night out for their
employees. They were solvent and had positive cashflow.
Instead, they files for Chapter 11 on the eve of the first trial and have been
running ever since.
Whether it is deliberate or not, what Cahn and Blank Rome are actually doing is
spending their way through the last of the cash that the SCO corpse holds.
Unless they get another injection from the likes of Ralph Yarro or another pipe
fairy, I don't see how they can stay the distance in this one.
After all, look how many years of stringing along they achieved with their
original cases, all because it left Darl free to make grand public proclamations
without having to stand in court and produce hard evidence to back up his
claims. If they can stretch an empty case to last that long, you can bet IBM can
do the same. Maybe IBM will keep them tied up in discovery and motion practice
for a couple of years.
I don't know if any subsequent IBM action is covered under the deal between
Boies and McBride [i.e. paid up front] but if it is, then maybe IBM will just
make this as expensive for BSF as they possibly can until they give up and go
home?
Meanwhile, regardless of motive, Blank Rome [Cahn's law firm] will be able to
submit their monthly bills to the Bankruptcy Court.
Nice work if you can get it...[ Reply to This | Parent | # ]
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- Simple - Authored by: Anonymous on Saturday, June 16 2012 @ 11:16 AM EDT
- Simple - Authored by: PJ on Saturday, June 16 2012 @ 11:46 AM EDT
- Not quite on two counts to this non-legal - Authored by: Anonymous on Sunday, June 17 2012 @ 12:13 PM EDT
- Well... - Authored by: sproggit on Sunday, June 17 2012 @ 08:37 PM EDT
- Well... - Authored by: Anonymous on Tuesday, June 19 2012 @ 08:34 AM EDT
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