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bh3 how would you know that it can't be worked out?
williams has given turinni and pierce a wide selection of people to choose from for a 5th director, the court can see clearly that any of these people are more qualified than carlo, turinni and kyle made the mistake of appointing carlo first, that is a tip off to the judge that they were disengenious w/ the appointment of the telco guy to the board
as for their other nominee, why after they "got rid of williams" didn't they appoint pasternack? its because they wanted williams to turn him down and knew williams would since he was going to charge the company for every little gust of air that he spewed forth. now that they had the chance to pick anyone they pick someone related to desmond reid
ha, their actions fully condem themselves, even knowing that their appointment was 99% chance of being temporarily reversed, they could not take the chance on either pasternack nor the telco guy.
if i were willims i'd be putting this to LASTER and ask him if he can figure out a reason why on earth they didn't go with the other two as directors
in poker its called a tell, in the court room, its called trying to fool the judge
I was going to post that i'm going to sign off from posting since there is no need to campaign for dave williams, that can come later once we know what the judge has decided, and further, i'm tired of wasting my breath on arguing with people that have no sence of anything whatsoever
my prediction, williams remains and dire consequences follow for pierce and turinni, maybe not all as of february 1st but within the next 6 months they will realize that 2011 was the year when they traded reason for insanity, an insanity that they will pay for dearly
im looking forward to sending management into the spatoon
some might recall a few years ago the late steve jobes being on the hotseat for enrichment, apple stock dipped to 70 bucks a share, there was a lot of talk and in the end all was forgiven, eveyone noted this was rather unusual but he was who he was afterall and so he managed to avoid any consequances save for a little tarnish on his image
FAT CHANCE THE JUDGE IS GOING TO CUT THE WEEZLES A BREAK, TURINNI AND PIERCE, NO MATTER HOW GOOD THE DEAL,
in the end the odds are that the independent directors and investors and the judge alike are going to be saying in with a sower look--"that's the deal?"
I never really thought about this untill know, but aren't kyle and cristian just as sick and tired of the drama as those who are against them?--seriously the turds have to feel like crap even if they deceive themselves enough to think they are right enough to win
CRAZY
clywoldtimer, its not even fair to go after dave if the settlement turns out to be the real deal, good or bad its dave and eds responsibility to shareholders to assume the worst whenever information is witheld, it does not matter if in the end they are wrong, because even if they are one should be asking why management decided to do a good deal, to entice the independent directors into thinking otherwise, to then through their select minions to plant discontent amongst shareholders against the independents acusing them of being paranoid and whatnot, then proving that they were wrong about the deal--who does that kind of bs? Seems at the very least childish and stupid and a real abuse to shareholders
no even if the deal is good and exactly what it was supposed to be, fired management still has to go
wb cougar, please have at it....Sosa, you know this is a partial quote, and hence an untruth, the fact is that if the most recent decision had an impact on securing cristian kyle desmond and their minion's positions, management would'nt be grasping at straws working misquotes and such.
go ahead and blame williams, for drago getting it all, the fact is that if kyle and cristian get something from drago it still is the same for shareholders--they still get nothing.
If kyle and cristian said hey someone needs to take something from drago, sorry there is not enough to go around, i'd have a small amount of respect for them, but to posture as if what is good for kyle and cristian is good for shareholders, is as far as i'm concerned a complete falsehood!
Like i've always said...
prove it's unencumbered. we don't know but that eveything still has to go by drago, don't know but that part of the deal is keeping it in limbo w/ the patent office. don't get me wrong even w/ a crap deal w/ drago we have something, but not w/ current management because they will always take the easy way which will likely invariably be the hard way for shareholders
WRONG, what's the use is pretending to be reaching anyone when drago won't allow it--we still don't know the deal...what's the use in pretending to reach anyone when all it is is with a feather...what's the use is reaching anyone as a toothles company that gives everything away and just pretents to deveope technology just like the carlos days?
someone is on the hook for the past few filings, you can't issue an 8k on williams and not include the existance of a poison pill that could have been triggered as a result of management's ineptitude?--oh wait, its not like that has ever stopped them before...
30,000,000 X $0.05 = $1,500,000, that is a lot of money, even if one is sitting on 30,000,000 in an offshore account!
shorting these days is childs play, the kind of shorting i'm talking about occured in at the end of 2003 through the end of 2005, and into 2006, millions and millions of shares traded carlos did alot less selling, as has been proven, than many had thought.
http://www.nasdaq.com/symbol/clyw/stock-chart?intraday=off&timeframe=8y&splits=off&earnings=off&movingaverage=None&lowerstudy=volume&comparison=off&index=&drilldown=off
if one downloads data into a spread sheet over 100,000,000 shares traded hands from jan 2004 to march 2006, carlos and others didn't really start to destabalize the price untill jan 2006, when carlos dumped the stock price collapsed, when drago? and the pros dumped, they kept the stock price stable since they are pros and know how to short, 30,000,000 shars shorted, desmond no longer cares about iliciting a short squeeze because he'll make his money some other way...
like i said, drago ? and others dewine? BB etc have already made tones of money so its easy for them to be patient, shares are simply an insurance policy, a cheap one at that, they pay at most one premium per share unless the get the shares for free---even better yet
stealing the patent from clyw shareholders has a double benefit, on one hand the patent has value, on the other hand it eliminates the need to cover, even if shares are covered, there's always taxes, and that along could add up to many many millions :),
hence stealing the patent is like stealing a "get out of jail" card and evading prosecution from the irs
its an all around good deal destroying the company for these types of crooks
Ellis and Litton, one does not need evidence of a short position to know there is on, look at how pattin and dewine have managed things and you will know that anything goes.
as far as the patent being worth billions, as soon as tmobile gains controll of it, or some other mega telco / etc., yes that will be the day the value of the patent is declared, in the mean time the value has yet to be vetted,
squeezing value out of a patent is hard work and w/ all the ownership issues its way too hard for anyone to work in a drago way, of course drago wants the patent
people like drago want it all, they trade they don't invest, huge difference is that the former is willing on the interrim to bet against themselves as it suits them. so shorting clyw and wanting the patent are all part of the daily course of business, and clearly they seem as well to go hand in hand, just look at the share price
there is an old saying, the criminal always returns to the sceene of the crime, same is true for the naked shorts
the sec protects "future shareholders" as far as they are concerned this company is dead because they killed it, that is got it delisted, there is nothing more to do but to cancel the stock. any sec involvement will then require the bod to defend the existance of the stocks shares, people that shorted the stock are being very patient working hard to complain about all the money future shareholders could be loosing praying for sec action at a time when the company is weakest so the stock is killed once and for all.
continue to complain and maybe you will get what you wished for by complaining to the sec. the sooner the stock dies the easier it will be for drago to finally take full control of the patent help drago all you can, he's been complaining to the sec w/ through various channels to get the stock certs revoked, being on the grey sheets is not enough, if he's short he needs the stock cancelled,
he never cared about being a stock owner, the shares he got were simply an insurance policy against his short position--just in case things don't go acording to plan, its easy for him to be patient since he's already made his money which sits offshore
jmho, but how is it that he has been so patient all these years? is that because there is money to be made or because its already been made?
one thing to remember is that whereas management is disolved, the nominating and audit committees are still intact, hence williams and walsh get to nominate the tie breaker on the deadlock-disolved management however does not.
williams will be able to make a much stronger showing as non-votes will go to him futher he will be able to make his case on the ballot, disolved management will not be able to hinder walsh, williams nor their nominee from putting forth their platform, likewise turinni and pierce will be able to state their position as well.
getting an agreeement on the the ballot will be a wizzing match however the final word will rest w/ the nominating committee since williams has a judgment to have an election
turinnin will get 60%
walsh williams and their nominee will get 60%
and kyle will get 70%
and the board will no longer be deadlocked, they will then appoint two additional members and will then proceed to ignore turinni and kyle from that point forward.
the irony is that both will likely be sure to tell everyone they are with clyw and how important they are when in truth they will never be heard from again
The SEC should not be expected to bring suit for us, not by a long shot, I trace this back to the suit brought against williams for the documents, documents that would have been cheaper for the company to pay williams rather than sue him.
bringing suit against williams was done by management and demonstrates their careless disregard for the shareholders, the suit was designed to be an attack on williams and a set up to oust him one way or another leading ultamately to a bogus special election to eliminate him
williams had to respond to the suit over documents, and as hind sight is 20/20 proves that, fortunately for both williams and shareholders he responded to their suit w/ a counter suit. Whereas management's suit against williams over the documents was unnecessary, williams defense of it was not
Massive billion + suit against olympus insiders accused of unjust self enrichment (apparently its been going on for over 13 years)
http://finance.yahoo.com/news/olympus-chief-resign-panel-pushes-020514861.html
LOL, they are truly the gift that keeps on giving, EX-management's antics keep digging themselves (and the company--not good) into a deeper hole, the trick for williams is to get the company out of the hole while keeping EX-management in it, and then burrying them to boot--its clearly going to happen, just how, i am not sure, no doubt the clock is ticking, and since this is not drago land one can be sure things are going to tend not to be pushed back ad infinitum
this is like caddyshack all the way,
the coughing the jeers against williams are not going to stop shareholders from declaring victory by riding in the wake of his wrath against management and their wretched deeds
this is no hickup, this is a full purging that has been years in the making, the riddence is going to be pure relief
probably the sweetest thing about the victory is who will not be invited to the party,
the turd that has rooted itself into the diverticuli of poor calypso will not only be extruded but truely, right down to its smallest vestages, be uprooted from its vile colonic intaglio
money taliks and everything else walks, williams is the money here, that answer, kyle and cristians, is boiler plate garbage if i've ever seen it
there are two ways of winning a case
1.) winning because you fooled the judge
2.) winning on the merits
the later option ALWAYS PREVAILS against the 1st unless counsel is either inadequate or underfunded, williams is neither but turinni and kyle are underfunded which further reduces the chance that they will fool the judge, adding this to the fact that williams is a brightline ruling on the merrits and this is a done deal.
drago is the only wild card left in calypso's future and unfortuantely turinni and kyle have an advantage there, but that too is a disadvantage in delaware since they really don't have any business keeping this from either williams or walsh
soon the tables will be turned and calypso will be suing
1. cristian
2. kyle
--who will be looking for the nearest exit, i'm looking forward to the tables finally being turned on this possible smoke screen which very well be yet another diac attempt to fleese shareholders
you just can't make this stuff up, it doesn't get any better
this is truly iconic legendary and mythical seeing a corrupt management go down like this, to this kind of end of some very bad actors that have damaged clyw to no end,
I sense the ultamate cut and run in a matter of weeks
there will be resolution for all of the people that wanted clyw to be an honest company recognized for its integrety as well as its patents
ironically drago will get more value than he every imagined from loosing his position of absolute control over the company
it really doesn't matter if drago ever comes to his senses anymore and cuts the company a break, its now destined to happen with or without his help
full of holes, what a laugh, they have hardly quoted any case law at all, this is the end of management without a doubt, another waste of money just like suing williams for documents that they could have more easily copied.
williams is the undisputed champion and i am proud to be part of a group of shareholders that stand behind him.
soon the worms will no longer plague calypso, a new day of honesty will dawn, and those behind williams will be celebrating
finally...
updated below orig message:I think that they need to hold the meeting in camera and produce documents regarding what is "on the table" so to speak re diac and tmobile and explain the impossibility of the situation and pray that the judge finds some kind of loop-hole to deal with the deadlocked board--in the end it will be williams choice hopefully he will choose wisely
turinnin and kyle are no longer management, but that does not mean that he will reject a deal w/ daic is it is deemed fair, that was an open issue before they were fired and if kyle and cristian were being truthful then williams will have to accept the outcome if walsh does
i hope the chamber of commerce etc that has pumped kyle up will find out about all of her shenannigans
folks, that are touting all the changes, realize that they have cost the company a fortune, the claim that cfo / cto working for free is hollow for many reasons not the least of which that their actions have not been approved by the board, not the least of which its cost the company money to have bogus meetings, bogus elections and bogus lawsuits all touted by management to be in the best interest of calypso when they could have used that money to pay markel to get a better deal w/ drago--i personally find it insulting to keep hearing from the same posters again and again how great kyle and cristian are, its clear they are going to face another election but this time every man will have their own platform replete w/ court documents to back up their position, the mere fact that delaware has supported williams will give any 5th director pause regardless of their relationship w/ any members of the board whereby that pause will be much more likely to keep from doing stupid things that could hurt the company
williams needs to make it clear that drago is the problem in any election rigging everything including putting in slime balls, hopefully there will be provisions to keep kyle and cristian and others that could be nominated by diac off of the board
people, prospective directors, need to be from northern california (& most definitely not texas) away from desmond's shareholder base untill things get sorted out
well that is a great question
frankly I am going to believe that if Williams did it then it was legal, a bit blind i know, so call it faith, but looking how things have been playing out so far I think my bet is good, of course that means that I have no intension of determining if that is true through any kind of my own research so one could say that Im not lifting finger to help either Kyle or Cristian that would be totally correct-and why should I help those weezles?
in the end the Judge will decide and that will put an end to the belly aching on the subject, however as long as Kyle is on the BOD I will continue to expect antics from her unethical friends and family
hopefully the judge will find some loophole that permanently eliminates them as a threat to the company and its shareholders
Does anyone even know what audited financials are?
that means that they "test" the financials against documentation, all this fuss about the documents proves there is a set, which may not be complete, is now known by way of the scuffle to be "all they have" of course w/ kyle and cristian running wild for the past year or so who knows what else needs to be accounted for.
the bottom line is that the company and the autitor will have to work hand in glove together to satisfy the audit again it will boil down to representations and whether the auditor believes them and they will always give some sort of caveat to that effect but also that they believe.
sorting through dozens of bankers boxes of stuff is tough, and in some sense it can be worse if one has to do it electronically assuming things are not "just so"
frankly, i think the biggest problem will be in handling the files and finding things quickly the auditor will get paid to wait so most of the cost will come from doing nothing but trying to find things--chester is not a database programer and for other reasons, they will not get any help from vallentti,
kyle is mess so i'd expect she wil make up excuses untill the auditor quits, that's why we need other people in charge
I used to think that Williams jumped the gun by rushing the company into basic corporate governance compliance-no longer, when I see how this all has been working out It seems that finally things will be falling into place It may seem crazy but its as if all of this was meant to happen In order to purge the company of all the scurrilous. influences
without making a wrong appointment we might have never learned this valuable lesson, hopefully the cost wile be within reason
I think this will be one of the most interesting weeks to play out in the company's history...
hopefully it will result in a broken deadlock w/ kyle and cristian out of management and drago being placed on the outside as a benificial shareholders w/ no other benefits other than whatever has been legally and fully agreed to by him and the company.
if january can accomplish all of this in the next few weeks the company will be well over a buck in no time
mulligan's are part and parcel for management and while we are all inclined to using the saying "that being said" the fact is that we want to look like we are giving up on the seeing agreement w/ dignity,when in reality the fact is that there has been one idgnant move after the next against us shareholders and we should all be sick of it and should be offering one chin flip after the next for all of this garbage
what really disgusts me about the whole deal is that its so easy to write promisary notes and use money to solve problems and to at the same time lock out our independent directors in favor of a few insider shareholders that cowtow to every misdead of management.
The actions, no matter how beneficial, are so far a field that management simply cannot be allowed to get the credit they think they deserve
because of all the bs that has gone down i don't think that there is any way the judges and their assistants will not take a close look of this deal, its is going to be a detailed review and if there is sufficent bogosity the courts will likely address it w/ sanctions
litton, Kyle and Desmond are the gift that keeps on giving, despite their trouble, as a laughing stock they are of the finest year, kick back and watch them put gracho marx, charlie chaplin and lucille ball to shame
(update below)i think williams has a good 8 more years left and if you are drago, he'll out live the patent, my position is that its better to kill 923 than it is to let drago simply steal it, especially if stealing means storm cristian kyle and desmond benefit
so it does not matter who you are unless you are tmobile, williams is causing you pain
if you represent tmobile, then i admit to defeat by proxy through an unsucessful williams but its a sweet bitterness knowing all the rest of the scums have failed
longs need to have a f'it attitude only then can they rid the company of all of the scum, fearing the patent's expiration invalidity or removal has lead to one bad decision after the next that has brought us where we are today, the only way to move beyond this and have any kind of victory is to finally once and for all be willing to accept that the consequences of going after drago cristian kyle desmond and storm may indeed destroy the company and not to care one bit if it does
then and only then can we take the company back, that's why everyone here needs to support williams, not because we can't lose it all but because we can and are willing to in order to clean up this mess once and for all
*update: personally i don't hate tmobile, they could have stupidly decided that uma was a fools errand and chosen not to have developed it
as for sounding like williams, ty that is a complement, yes he pissed drago off, but lets face it, he was going to rip us off anyway all that he has done and continues to do has proven it, as for standing by kyle desmond and cristian and storm, they chose to do wrong, and i have no doubt that we are scratching the surface of what they have done not just to williams but to all of us shareholders
like i said, i'm looking forward to the future of the company not because of what shareholders stand to gain, since it think right now its nothing, but becuse of what crooks stand to lose, and i'm glad to be a part of that
kyleites, please note, i was on the fence about supporting williams part of ignornace, part of exhaustion, and if you did not push so hard and craming your ilegalities down my throat, i probably would have just let this go, but when i see how you have used your foundations of lies to become increasingly outragious in your assault against shareholders you have sharpened my vision to see the exact reality that i'm dealing with
i am not against you because of my support of williams, i am against you because of all of you, and most importantly because you have made a point of giving me alot of insight into the true you, something that you should have not done, you have lost because you dared to convince me that what you were doing to williams was good just and right, had you not tried to convince me i probably would hardly care and never would have given time to get a clear focus of all of the issues
you all only have yourself to blame,
there is an old saying, the criminal always returns to the scene of the crime, posting your bash bs opinions is like revisiting the crime sceene so repeatidly that even in the abscence of all of williams evidence i'd stil know that im being fed a crock of crap served by cristian kyle and desmond
an illegal path that is destined to fail because you have knowingly chose to give both of your advisaries the upper hand, if williams is your advisary and a proven threat and you give him the upper hand then it does not matter what you choose to do you have already lost
i can choose to speed each and every time i get in the car because i think its right and i could go for years w/ out a ticket because i'm lucky
but in no way when i finally have my license removed can i say that it should not have been removed because i was right to speed all along because i never believed my advisary would ever write me a ticket
that is what you are saying about williams that because i'm right it will not matter that i give williams the upper hand because he'll never bother to do anything about it, moreover you are asking investors to get in your speeding car assuring them that you know whats best so it will be ok, then you have the nerve of blaming the police for impounding your car when your passengers complain about having to walk home in the cold of winter
kyle cristian turinni storm all think as you do, but the days of this type of garbage being heard by investors are numbered
well i do know for a fact that they had the authority, however i agree that you and others probably don't know, the judge is not actually there to teach those that don't know and infact teachings often are especially harsh on matters that to the judge are very well taught and obvious and hence often include things like sanctions, however its not fair that the company be penalized only that kyle and cristian be
the rules are crystal clear regarding the gate keeping law that directors are required to know there is no doubt on that as far as either you or i knowing that is a different matter because we have not been nominated so far as I know hence it would not be required that we know such things, however it does hurt our position as an investors if we don't.
don't be a weak investor if something is clear cut as the vote there is no need to seek the company's position on the matter you know that either they are right or wrong depending on what has happened as a matter of record, the company made that record available and it appears that they have not recinded anything that they have said hence either you or i can judge w/ certainty whether the proclaimed interpertation of the election is valid or not
as far as williams plan, i do not think we will have a clue, clearly now they have to include him in whatever deal kyle and cristian have to present the board, but again just because they have to doesn't mean they will or if they do that it will be done in an ethical fashion.
rest assured the odds are huge that the deal has a poison pill else they would not need to get rid of williams, how deadly that pill is however is another matter, it could be that if directors are caught looking at cathy diac's physique drago gets the patent or it could be that if the company does not get a deal w/ tmobile w/ in 3o days of the signing or it could be that drago gets an additional percentage for every year the company does not settle the tmobile deal etc.
in theory they could give us a settlement agreement as they have done that is fully valid and not need to disclose the poison pill if they have the remedy lined up as valid agreement, this is what i'm suspecting has been done
if williams has to ratify such an agreement, kyle and cristian and storm must be forced to give up all cuts on the deal, and likewise williams needs to keep that money, how little it may be in the company's coffers to pay for a markman construction by the hour against other infringers--my biggest concern is research in motion, parsing out them out w/ drago might be tricky because they are a canadian company drago should let calypso handle the markman construction here in the us first, the canadian patent system does also follow a markman like process, that would be the most frugal course of action for him to take
if drago were smart he's be thinking to future pr's whereby he'd return the patent's to the company based on his pleasure then the stock will skyrocket and he could sell half his shares before he'd have to make a filing, this could potentially bring in many 10's of millions of dollars in a matter of days as longs pile in to get a piece of a firmly in control calypso
just don't know if drago is that smart, clearly if legal that is what i'd do if I were in his shoes,
1. kyle desmond turinni dewine dalton and storm etc all out
2. bulldog williams in under respected terms
3. facilitate cooperation between past legal teams to fast track by the hour markman
4. shake down tmobile based on markman
5. announce tmobile deal
6. uplist stock
7. return patents to company w/ 50 / 50 management considerations for international infringers
8. SELL 50 % OF POSITION AT A HUGE FORTUNE
its that simple, that is (should be) "the drago plan", its much better than ripping off the company and having to blush to lots of embarassing questions that raise suspicions that lend juries to give him a crap deal each and every time
that according to the 8k he's a director, as a management hire its fairly legit since the idea of kyle and cristian being fired is more diffacult to get your arms around when they are "hiring you"
on the other hand a board appointment is a very different matter and anyone that consents to be on the board should understand the basic nomination, appointment, removal, election process
--having a resume of understanding how a board helps the company is a company specific process and really can't be learned without jumping in and working at it,
on the other hand how one gets in to the board and leaves the board, the fundamental "gate keeping process" is something that is required and moreover is easily learned--hence lance has no excuses for accepting a false board position, likewise for carlo, that he accepted it is a disqualification in-and-of-itself
that is a tough one, but then again guys like him may be a dime a dozen, i dont have a good feeling about him personally, only his expertise, if he's smart he will be bending over backwords to make williams happy--job or no job
i will say this, despite everything, all the crooked dealings of management etc. ultamately the blame for the company's problems rests squarely on drago's shoulders, proof that he's an idiot is that he sided w/ turinni and not williams,
drago went on and on about carlos, well carlos left for all practical purposes years ago, drago could have easily helped this company take off by siding w/ williams cutting the company a good deal whereby they would be able to rid itself of pattin and turinni, had things not been so tortious w/ drago kyle and desmond would never ever had been figured into the equation
wake up drago, the reason why this has happened is because you couldn't work w/ williams to get rid of turinni, you've always fought a tough battle w/ williams, turinni and desmond and kyle are easy picken's the sooner you come to that realization the sooner you will finally start to make big money
and btw, all your so called experts that are telling you to settle w/ tmobile for pennies on the dollar are fools, drago you are the victim of foolish counsel and indicision its time to wake up and change course mid-stream and help williams fix this mess,
there is only one reason why drago would not finally see clear that he should side w/ williams, its not because of butch ballow, and the rest of his scamming, its because he's got to kill calypso because of some kind of short interest tax problem
either drago is a dumb stubborn fool or he's got a undisclosed liability that can only be cured w/ the destruction of calypso, its that simple, eventually even a fool should see that integrety wins the day, but never a criminal
MANAGEMENT YOUR FIRED eom
I see it so very differently, this is going to change everything for the better, and make the company much more valuable, even if williams cannot top any deal that turinni and kyle have put together its still infinitely better to be gone w/ kyle and cristinan (and desmond)
update for toper, its about getting rid of people that don't know how to run a company, that would be kyle and cristian,
(older message) if you are wrong please sell (rotflmao)
yes lutennent sosa (roflmao)
gone, u r gone, your kind is gone, the rest of houston can hold their head high once more, williams has won, and you are gone, all the slimes can laugh it up and they swirl and flush
oh, and the best part of all, drago's shares will not be recognized in the next election!!!!!!!!!!!!!!!!!!
its over dude, the court is going to force several things (haven't seen the papers--just guessing), 1. it will force a quarum w/ pierce even though she will not show and turinni will be voted out by ed and dave, 2. at the same meeting three new directors will be appointed. 3. kyle will no longer be informed about meetings and will be rendered ineffective 4. brukholder will become the number one suit 4. drago will not just cave but will crumble 5. calypso will be over a dollar a share 5. all the shorted shares will have to be covered by the certs that the scums that have been trying to destroy the company still own
longs in houston will once again be able to hold their heads up high as they spit on drago and dewine and dalton
its time to retake tamany hall