But BSF isn't eating the expenses (at
least, they aren't if
I
recall correctly)
You recall correctly. The amended
Letter of
Engagement dated October 31, 2004 between The
SCO Group and BS&F provides for (a) a down payment
in cash to bring legal
fees up to date as of the date of the
agreement; (b) contingency payments that
are triggered by
any litigation recoveries, and (c) payment by The SCO
Group of expenses (expert fees, consulting fees, etc)
including BS&F's
out-of-pocket expenses. But with
regard to legal fees, BS&F is basically
representing TSG
for free up to and including any penultimate appeals in the
SCO v IBM litigation.
One might wonder where TSG is getting the
money to
pay the expenses; but there likely haven't been any
significant
expenses in the SCO v IBM litigation
since well before TSG filed for
Chapter 11, given that that is
how long the IBM case has been on
hold.
As a side note, I notice that the
term of the fee cap is "through
the end of the current
litigation between SCO and IBM, including any appeals",
not "through the end of the SCO Litigation,
including any appeals". So
although the Novell,
DaimlerChrysler, and AutoZone litigations are no longer a
factor, there is still Red Hat waiting in the wings, so if the
stay ever gets
generally lifted (yeah, I know, I know), and
TSG v IBM ever gets resolved, the
cap on BS&F's legal
fees evaporates, even if the Red Hat case (which is
included
in the terms of the letter as part of the "SCO Litigation") is
still
pending. File it under "I'm not holdin' my breath", but
it's an interesting
thought nonetheless. ---
"When I say something, I put my name next to
it." -- Isaac Jaffe, "Sports Night" [ Reply to This | Parent | # ]
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