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Krombacher

04/05/11 8:16 PM

#238646 RE: tryoty #238642

Ok, you and vineseeker both mentioned a legal situation occurring if ERHC were bought out for pennies by Chrome, but, honestly, I don't see the mechanics of how a billion dollar lawsuit would even go down.

On what legal grounds could you sue? And if you can't sue, what is the real deterrent, cuz I'm not seeing one? It would be very hard to prove anything. I'm not a lawyer, so I have no idea.

Krombacher - the above is purely hypothetical.
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Krombacher

04/05/11 8:29 PM

#238647 RE: tryoty #238642

Or let me put it this way...

first, if Chrome bought ERHC for pennies, who would you sue?

Would you sue Chrome? What did Chrome do wrong? They simply made a "market offer" for ERHE. Nothing really wrong with that. Plus isn't Chrome a Nigerian company, what lawyer representing minority shareholders would spend all that money going into the Nigerian court system?

So Chrome is not really an entity you could sue, right?

SEO is just a shareholder, can't really sue him, that's the whole point of limited liability of being a shareholder of a company.

You would have to sue ERHC. But ERHC has what $20 million in cash if that? Not a lot of money for a lawyer representing shareholders to jump through hoops to go after.

You could try to get the SEC to press criminal charges, but how? If PN's plan is to not say anything positive about the JDZ or EEZ so that the share price goes down, how do you prove that that was his intent? Surely, PN could point to all accounts from minority stake holders in the JDZ like Ophir or Panoro or EEL that there was nothing positive to state about the JDZ up to that point.

You might accuse PN of being in cahoots with SEO, hypothetically, but how would you prove it? I am sure PN would not turn on SEO or vice versa.

So where's the billion dollar lawsuit? Would you go after Sinopec? And how would that work? Does Chinese law even allow you to subpoena chinese documents, which by the way are also written in chinese? What lawyer out there would go through all that trouble, if it were impossible for them to recover any cash?

Let's face it, if you are suggesting that SEO has cut a deal with PN to intentionally not disclose any positive information about the JDZ so as to lower the ERHC market price so that SEO can step in and buy ERHC with Chrome on the cheap, then how would you even go about proving it? And what if SEO gives PN a nice cushy job with Chrome?

Is your lawyer willing to go to Sao Tome to persuade the JDA to give up JDZ drilling data? Will the JDA comply? I thought SEO had a lot of clout with the JDA?

Krombacher - the above is purely hypothetical, and I am not a lawyer so I have no idea how you would prosecute such a hypothetical scenario as described above.