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Posted On: 07/21/2017 12:35:23 AM
Post# of 15624
I get where you're coming from. OWCP's main argument is that they were not made aware of the implications of missing the June 17, 2016 maturity date. They maintained that there was a communication problem and language barrier.
The problem with the above argument is that they filed an 8-K on December 17, 2015 with an attachment of the EPA agreement spelling out the terms. So are they saying that they did not read their own 8-K that they filed? I get that this is the weak part of their argument, but in fairness the EPA got more complicated as time progressed with talk of increasing the amount of money, assignment, etc. I believe the law firm had an obligation to remind OWCP what the terms of the EPA were and the fact that the June 17 maturity date had not changed.
The unsavoury character in all of this was Jim Fitzpatrick who convinced Kodiak and OWCP to assign the EPA to Nations Advisory Partners Ltd. Of course he didn't tell anyone that he was associated with this company, and as soon as the assignment took effect, they sent a letter to OWCP advising that they were in default and now they owed them twice the number of shares! With regards to the lawsuit this Jim fucker is not a party to it so it will not have any impact on the outcome of the case.
My guess is that the Ross law firm will probably settle before it goes to trial. Being a major law firm the last thing they want on their resume is a malpractice judgement against them.
The problem with the above argument is that they filed an 8-K on December 17, 2015 with an attachment of the EPA agreement spelling out the terms. So are they saying that they did not read their own 8-K that they filed? I get that this is the weak part of their argument, but in fairness the EPA got more complicated as time progressed with talk of increasing the amount of money, assignment, etc. I believe the law firm had an obligation to remind OWCP what the terms of the EPA were and the fact that the June 17 maturity date had not changed.
The unsavoury character in all of this was Jim Fitzpatrick who convinced Kodiak and OWCP to assign the EPA to Nations Advisory Partners Ltd. Of course he didn't tell anyone that he was associated with this company, and as soon as the assignment took effect, they sent a letter to OWCP advising that they were in default and now they owed them twice the number of shares! With regards to the lawsuit this Jim fucker is not a party to it so it will not have any impact on the outcome of the case.
My guess is that the Ross law firm will probably settle before it goes to trial. Being a major law firm the last thing they want on their resume is a malpractice judgement against them.
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