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A Question About the SCO's End Game

By Pamela Jones et al.

Do you think this might be possible? I have been reading about the most interesting Texas case, and I wanted to share it with you, because it has prompted a new thought. It's something that never would have occurred to me had I not read about the Texas dispute.

You know how we've been thinking that SCO's what-we'd-view-as-profligacy-with-money since it filed for Chapter 11 protection might be so that Novell can't get anything? That is still my leading thought, but after I read this account by John Council in Texas Lawyer, now also on Law.com, about a battle over control of a shoe company, I start to wonder.

The case is Jackson Walker v. Spira Footwear, a law firm suing for unpaid fees it says it earned representing the company in a shareholder suit. Its complaint was answered by counterclaims for professional malpractice and breach of fiduciary duty, essentially claiming that the firm did not properly identify who its client was. The law firm denies all improprieties, of course, and I certainly have no way of knowing, but I'd caution you not to assume anything, as anyone can make allegations in a complaint or a counterclaim. It's a very complicated case, but the part I zero in on is an allegation that the value of the company was deliberately brought down so one faction could economically get control of the company's patent.

Full post as published by Groklaw on April 06, 2008 (boomark / email).