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Dell_Griffith

09/18/19 9:16 PM

#180007 RE: The Paraclete #180004

Madoff didn't have a prior record of fraud and deceit, though. That's why I'm a little surprised Arthrex was considering doing business with him, but they also clearly weren't doing it blindly pressing him for clarification, wanting NDA's signed, and then even saying that even if he did provide clarification, they would have to run it by counsel. You're right, that is clearly where he looked smooth in those emails, but the Arthrex rep never let his guard down. Smart.

Macleith probably was offered a very hefty upfront retainer and got hoodwinked. If anything, to avoid sanctions by the court, he's probably advising his client to comply, but now his client is turning into an obstructionist. That can work in State courts with weak attorneys, but not in Federal court with an elite law firm where one of the partners (Afrasaiabi - sp?) does Federal appellate work. Federal appellate attorneys are total intellects and you don't mess with them unless you're one as well. They'll destroy you, haha. Kim is doing the "dirty work" (not dismissing her work, just saying she's doing all the upfront carnage of the defendant and doing a hell of a job of it), but Afrasaibi is all over this in the background is my take. I'm shaking thinking of what they could do to an overmatched attorney, lol.

I checked out Macleith's other cases. His last Federal court case was back in 2017. And from what I saw, almost every case was related to representing plaintiffs who believed they were hurt by the other party's violation of the ADA. His other Federal cases were all bankruptcy work. I'm not joking. You can't do ADA work and BK work and then mosey on into complex IP litigation. That's crazy.

Cases end up in Federal court if there is "diversity of citizenship" wherein opposing parties are from different States or a foreign country or where there is a "Federal issue" - ADA is a Federal act, the Bankruptcy statutes are Federal, and, of course, IP is under the jurisdiction of the US Patent and Trademark Office, but I don't see that he has any other cases in Federal court relating to IP other than some case where he was dealing with a client that was disputing the use of the "Juan Pollo" name by another restaurant in California. As I said, no, I'm not making this up - hard to make things like that up. Crazy.