A private message asked some questions, so if one person asked, others are probably wondering too.
Here are a few of my thoughts -- and remember that of course I'm not speaking for anyone but myself, this is just my non-attorney's opinion:
It looks like they're pursuing a multi-pronged strategy. First, get Rosen to withdraw the suit. The "within the safe harbor period" is the key. They are telling them, withdraw it or we're going after you tooth and nail. If they get sanctions against Rosen, those sanctions include not only fines, but the possibility of them being restricted from practicing law for a certain period of time. They're saying "you have a chance to get out now, before we go after the conspiracy that we've identified" (and which they're not publicly disclosing yet). By saying "we're not accusing you of being in on the conspiracy.... " and then saying "and here's the evidence we've got" they're saying, we're going to be accusing you if you don't flee right now. By initially saying they wanted all communications with Mako, PumpTerminator, etc., this is a veiled threat that they will try to pin this on Rosen as a member of the conspiracy if they don't dry up and blow away.
Mentioning the other companies -- Rosen brags that they are the leading ambulance chaser securities firm. They are threatening them that they're going to go after the whole firm. When you have a former U.S. Attorney General's firm running the case, you've got the clout to go after them. They're saying "retreat or die."
Rosen knows that they have violated all of the professional responsibility rules. They also know that the Ashcroft firm can screw them for it.
Also: did you note that Rosen was stupid enough to file this in NY, where, as Ashcroft firm said, they have no standing? This is a smoking gun both for the professional responsibility thing, and also the conspiracy. Rosen should have filed in MA. A New York court would have to dismiss this out of hand -- they have no jurisdiction.
Here are a few of my thoughts -- and remember that of course I'm not speaking for anyone but myself, this is just my non-attorney's opinion:
It looks like they're pursuing a multi-pronged strategy. First, get Rosen to withdraw the suit. The "within the safe harbor period" is the key. They are telling them, withdraw it or we're going after you tooth and nail. If they get sanctions against Rosen, those sanctions include not only fines, but the possibility of them being restricted from practicing law for a certain period of time. They're saying "you have a chance to get out now, before we go after the conspiracy that we've identified" (and which they're not publicly disclosing yet). By saying "we're not accusing you of being in on the conspiracy.... " and then saying "and here's the evidence we've got" they're saying, we're going to be accusing you if you don't flee right now. By initially saying they wanted all communications with Mako, PumpTerminator, etc., this is a veiled threat that they will try to pin this on Rosen as a member of the conspiracy if they don't dry up and blow away.
Mentioning the other companies -- Rosen brags that they are the leading ambulance chaser securities firm. They are threatening them that they're going to go after the whole firm. When you have a former U.S. Attorney General's firm running the case, you've got the clout to go after them. They're saying "retreat or die."
Rosen knows that they have violated all of the professional responsibility rules. They also know that the Ashcroft firm can screw them for it.
Also: did you note that Rosen was stupid enough to file this in NY, where, as Ashcroft firm said, they have no standing? This is a smoking gun both for the professional responsibility thing, and also the conspiracy. Rosen should have filed in MA. A New York court would have to dismiss this out of hand -- they have no jurisdiction.
