Thursday, November 09, 2017 8:51:36 AM
The corporation will dispute the fact of the agreement in all cases where a fully executed consulting agreement is present, and in some of the cases whether the agreement is but a mere component of a conspiracy aimed at securities fraud, and the illegal issuance of shares. The fact of fraud is a critical component of enforceability in this matter. One count will center upon the explicit use of fraudulent arbitration clauses in consulting agreements to further illegal purposes constituting multiple predicate acts for two sets of illegal activities in a conspiracy between certain shareholders and the management of the time. On this basis a fairly substantial evidentiary hearing will be required preceded by accelerated discovery.
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