This activity today is just a taste, a morsel of the days ahead. Every day that goes by that Judge Robin does not rule on the venue Motion, is a day that Sethie and the consultant make additional strategic errors. A few more strategic errors and there will be nothing upon which to make future strategic errors.
I understand from TAUG news releases that Sethie brought Mr. Berman on to his BOD to add some complex litigation skill. Then Sethie didn't provide Mr. Berman with the materials necessary to assist TAUG. For example, Sethie never sent Mr. Berman a copy of the lawsuit, or the lawyer's position letter written to Sethie and the BOD just prior to filing the case against Cowan. Remember, this case is in a Federal court. It doesn't matter if its the correct Federal court, the Plaintiff has to have legitimate causes for demanding damages. Tht position letter would have listed these reasons. Mr. Berman claims he was never allowed to speak to TAUG Attorney Silverberg, even as an introduction.
So Mr. Berman did his own research and relied on past message board posts, he also spoke to another TAUG counsel and to people familiar with the case, Sethie and the company and its history. He took his job seriously even as people on the TAUG message board and the DECN board thought he was crazy for taking the job in the first place. When Mr. Berman did his own research he came under attack from Sethie and Johnny, and then all of the April Johnnys. So he gave up and quit. Wasn't he doing TAUG a favor?
We shall see. But if history is our guide, Sethie is preparing for his exit. He is weighing whether Johnny is more dangerous as a friend or an enemy. In the end I'll wager that Sethie bolts and leaves us all holding the bag.
