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Wednesday, October 27, 2010 10:02:35 PM
Johnik, any idea why an unsigned contract would be presented as an exhibit?????
Maybe it is just a copy, or maybe signatures were done electronically; I really don't know for sure. I will note, though, that the absence of a signed employment agreement would hurt Kaplanis more than it would JBI. Both parties seem to agree that there was such an agreement, however, so I would expect an agreement to be in place.
If JBI submitted some preliminary draft, or otherwise nonbinding form of the agreement, then I am sure we will hear from Kaplanis very soon (via the lawsuit). I doubt that's the case, as no one in their right mind, with the assistance of counsel, would misrepresent the terms of a written agreement to the court (at least not intentionally).
Again, if that's the case, we should see Kaplanis raise the issue in his next filing.
I think a bigger question is why Kaplanis failed to include the agreement (signed or unsigned) as an exhibit to his complaint, despite referring to said "Exhibit A" in that complaint. Shouldn't that be more suspect?
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