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Alternative Dispute Resolution (ADR)
http://www.cdc.gov/od/adr/about.htm
I didn't know an ADR was also in the works.
CLYW makes great sense if you are a long-term investor: you paid an average of 2-8 cents a share along the way and kept piling-up your number of shares. My wife did that with Boston Technologies. The moment it was purchased by a larger company, her $20,000 investment popped up to $800,000 in two days. Yes, that is the exception; it is also how things can work. I've spoken to techies who know what CLYW's patents are worth (potentially hundreds of billions of dollars), why these patents are essential to do business over cell or wifi, and that a resolution for CLYW will come within the next several years. Don't have the time to wait? Fine. Sell. Get your 10 or 20 thousand dollars back and be on your way. TMobile and Daic and 100 other patent-infringers will be dealt with sooner rather than later. I trust the new BOD. I figure I've got 30 good years left. CLYW could end up buying me and my wife a great Caribbean winter home with a floatplane dock. Your milage may vary.
http://www.featurepics.com/FI/Thumb300/20070216/Seaplane-224625.jpg
This board is largely sane. Over at Yahoo - Calypso the lunatics are screeching that CLYW will drop below 2 cents tomorrow and that anyone who invests in it is an idiot and probably deserves a blanket party. The crazies run repeated bombing raids on any sane discussion of CLYW; they simply drown-out all other voices. Most seem to be jobless 20-somethings, living in their moms' basements and posting in their underwear. I stopped going to the Yahoo board weeks ago.
p.s. I am not denigrating this board's posters who may or may not be dressed when posting 8*)
Test. I am unable to post or read anything today (10/28).
There has to be a way for stockholders (otherwise known as "owners") to learn the status of Daic's deposition. Anyone know who to contact?
Continued upward pressure on the stock. Perhaps somebody knows something.
It is to Daic's advantage to stall an outcome for as long as he can. By refusing to be deposed or show-up in court for various reasons/lies, he is using the system's weakness against CLYW. Courts move more slowly than glaciers as long as the defendant has the money and lawyers to drag it out. Most judges are, by nature, conservative, and they will keep delaying a trial/depositions for years if the defendant can convince them that they are not ready for trial. In CLYW's case, the likely outcome of the case is, in my opinion, a summary judgment against Daic when the judge(s) finally have had enough. Then, of course, Daic will appeal. The key to winning this case is to go around Daic somehow. This bum thinks he's gonna get $100 million; of COURSE ge'll never settle unless it is proven that he is a liar and a cheat. He's in a number of businesses and probably can do just fine without any money from CLYW. He WANTS his "$100M!"
I'm going one eight years as a CLYW stockholder. I believe that the new BOD has the balls and the resources to end this thing in the foreseeable future. If you go over to other message boards, they are packed with people bad-mouthing CLYW. Some probably are associated with Daic. Anything to keep CLYW money-poor. If you are in CLYW for making $ 82 or $ 741 (as were several recent day trades)) that's your business. If you're in for the long haul, I believe things will happen in the foreseeable future. Your milage may vary.
Got out? Not I. I haven't sold a share and am acquiring more! CLYW is going to make the difference between an ok retirement and a great one.
Short version: Daic has no intention of ever going to trial. He is a career liar and thief. Why should that change now?
Closed at .10, up 20%. Sumpin's happening...
Board says 120 followers now.
Up to .094 seven minutes after opening...
Daic's record stongly suggests that he is a career criminal who has managed to stay out of jail through teams of dishonest lawyers.
Day traders are back. Sales of $ 82 and $410. Price pretty steady despite.
Good post. In this market investors have been kicked-around for two years. Pessimissim rules. We longs have seen it before. Day traders still do their evil. I believe the last trade today of CLYW was for 941 shares, or, $82. I see a far greater upside than down. Still looks to me like a falling wedge issue.
Falling Wedge Pattern
CLYW share price has been flattening every day for the past several weeks.
http://en.wikipedia.org/wiki/Wedge_Formations
Suggests price will again rise with much less volatility. Your milage may vary.
Volume just 183,000 shares at 1:16PM.
Falling wedge
Falling wedgeThe falling wedge pattern is characterized by a chart pattern which forms when the market makes lower lows and lower highs with a contracting range. When this pattern is found in a downward trend, it is considered a reversal pattern, as the contraction of the range indicates the downtrend is losing steam. When this pattern is found in an uptrend, it is considered a bullish pattern, as the market range becomes narrower into the correction, indicating that the downward trend is losing strength and the resumption of the uptrend is in the making.
In a falling wedge, both boundary lines slant down from right to left. The upper descends at a steeper angle than the lower line. Volume keeps on diminishing and trading activity slows down due to narrowing prices. There comes the breaking point, and trading activity after the breakout differs. Once prices move out of the specific boundary lines of a falling wedge, they are more likely to move sideways and saucer-out before they resume the basic trend.
<img src="http://upload.wikimedia.org/wikipedia/en/7/79/Falling_wedge.jpg">
Yes, this does describe CLYW for the past month. Good news.
Yes. Are you suggesting that after amonth or so of narrowing of the high and low price downward, the price will become much more stable, volume will dwindle, and then price will continue trending upward?
Please. Explain.
It's understandable why Daic and his partners in crime have refused to give their depositions. I've been to depositions and they are a free-fire range for both sides. Defendants can be asked ANYTHING (so can plaintiffs). Anything. Best childhood friend. Cheating on your taxes. Having an affair. The most willful, stubborn people will quickly break-down into a river of cold sweat and twitching, their hands trembling and their voices breaking despite having been "briefed" beforehand by their attornets. At one deposition I witnessed, the defendant was so bad and so incoherent that his insurance company ordered him to immediately settle or they would abandon him. Attorneys will demand that the question be stricken from the record while the attorney on the other side will enter into the transcript that the person being questioned refuses to answer the question. Then, there is perjury. If it is discovered that someone deposed lied, they are in very deep trouble. Deposition in our tort law is the great leveler and it is why most are reluctant to sue another in tort law. Both sides get deposed and since anything in their lives can be brought up, for the criminal or law-breaker, it is like opening a huge bag of old turds and being made to eat them, one at a time. Another reason why Daic is squirming so.
Probably just to delay as long as possible. It's part of waging "lawfare." You make the plaintiff wait forever by endless delays or changes of juristiction or changes in judges
or simply skipping the country, or for as long as it takes to make the plaintiff run out of money. On the other hand, such tactics can and do result in a summary judgment for the plaintiff. With the stock still up 400% it seems shareholders aren't too worried.
Would it be unlawful for every CLYW stock holder to give CLYW, say, $100 toward a legal fund if it were purely a gift? That would almost certainly fund all the CLYW lawsuits.
How terrible for you. LOL!
Reality check. The stock is still up 400%.
"Hello? Hello? Anyone home, McFly?"
Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).
Tortious interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised. The hardcore instance of this tort occurs when one party induces another party to breach a contract with a third party, in circumstances where the first party has no privilege to act as it does and acts with knowledge of the existence of the contract. Such conduct is termed tortious inducement of breach of contract.
Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.
An early, perhaps the earliest, instance of recognition of this tort occurred in Garret v. Taylor, 79 Eng. Rep. 485 (K.B. 1620). In that case, the defendant drove customers away from the plaintiff’s quarry by threatening them with mayhem and also threatening to “vex [them] with suits.” The King's Bench court said that “the defendant threatened violence to the extent of committing an assault upon ... customers of the plaintiff ... whereupon ‘they all desisted from buying.’’ The court therefore upheld a judgment for the plaintiff.
In a similar case, Tarleton v. McGawley, 170 Eng. Rep. 153 (K.B. 1793), the defendant shot from its ship Othello off the coast of Africa upon natives while “contriving and maliciously intending to hinder and deter the natives from trading with” plaintiff’s rival trading ship Bannister. This action caused the natives (plaintiff’s prospective customers) to flee the scene, depriving the plaintiff of their potential business. The King's Bench court held the conduct actionable. The defendant claimed, by way of justification, that the local native ruler had given it an exclusive franchise to trade with his subjects, but the court rejected this defense.
The tort was described in the case of Keeble v. Hickeringill, (1707) 103 Eng. Rep. 1127, styled as a "trespass on the case". In that case, the defendant had used a shotgun to drive ducks away from a pond that the plaintiff had built for the purpose of capturing ducks. Thus, unlike the foregoing cases, here the actionable conduct was not directly driving the prospective customers away, but rather eliminating the subject matter of the prospective business. Although the ducks had not yet been captured, the Justice Holt wrote for the court that "where a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood, there an action lies in all cases." The court noted that the defendant would have the right to draw away ducks to a pond of his own, raising as a comparison a 1410 case in which the court deemed that no cause of action would lie where a schoolmaster opened a new school that drew students away from an old school.
Go to an all-inclusive in the Caribbean. The better ones have online computer rooms for the guests. Also wifi, if you don't mind taking your laptop and sharing everything you do on line with others...
Selling before the end of the 90 day negotiating period would be foolish, IMO. If you are a long with a very low pps, you have nothing to lose. The pps is almost certainly never going to go back below 2-4 cents a share, so why sell unless you have a personal need for quick cash? Before I met my wife, she had shares in a local stock for seven years of basically no activity. Then, when her company hatched a deal with a bigger company, her share value jumped to nearly one million dollars. Yes, I know, one example does not make a strategy. Take it for what it's worth. The biggest mistake I've made in the market is selling everything in the crash of 2008. Had I not sold, but just held, my portfolio today would be worth 38% more. Another mistake. Then there's Boston Dtox, which looked to be very lucrative, and took my money and the money of others and disappeared, only to open another business with the money and claim that my money was "gone." I contacted the SEC and they did absolutely nothing. What's the morale of all this? That waiting has been a far better strategy for me than not. Your milage may vary.
Most investors are holding their shares. Since the Sept announcement, daily trade of the stock has been less than half of one percent of the total 189M. Suggests a lot of confidence in CLYW.
Thanks, all, for the links.
Can anyone provide documentation regarding an insiders' buying up available shares? Thanks.
Remember, this is a civil trial, not criminal. In many states, the defendant gets to chose a split judgment if the plaintiff wins. I.e. Daic's laywer agrees to a 50-50 split in guilt. In that case, all CLYW has to prove is that the fault is 51% Daic's to win. That's the good news. The bad news is that whatever the judgment for money, CLYW gets only 51% of it. (Does anyone know if this also applies to Texas?)
Speculating on the trial and blue-skying feels good, but as Standish said in "The Flight of the Phoenix:" 'Courts move in mysterious ways. Sort of like God, but not nearly as generous.' I am NOT trying to put a damper on this board, but a reality check now and again is probably a good thing. I am a long (going on eight years) and my average cost per share is 4 cents, so I have the luxury of staying on board forever. From what I've seen over the years, I believe CLYW is about to come into some serious money. FWIW.
"You think." Have you any documentation?
FWIW, I think in that case it will continue to drift between .10 and .12.
Stock action today strongly suggests that buyers were expecting an announcement from CLYW or TM. Didn't happen; stock goes back to idling between .10 and .11.
Cool!
From what I've read of Daic, he is not stupid. He is intensely greedy and one source reported that he believes his cut of CLYW is worth $100 million.
Please explain the simularity of CLYW to HDY.
If this is true, it would mean TM did not negotiate a 90 day freeze in good faith. Courts tend to look at such conduct very unfavorably. That Daic may try and dodge his trial for another year or two certainly must have been recognized by CLYW and TM when the 90 day freeze was agreed upon. Aside from this, the endless speculation on the trial outcomes has served simply to keep the share price drifting downward for the past three weeks.
BTW, how do you pronounce "Drago Daic"? DRA.go DAY.ik?