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downsideup

02/14/12 2:17 AM

#55349 RE: txgolf83 #55345

Conflict... as in the legal sense of the word as lawyers consider it re a conflict of interest or potential conflict between clients... positive (in favor of someone else), negative (against you), and "appearance" wise. The choice of receiver, as the choice of any lawyer, being a choice with a potential issue with "conflicts of interest" because of known connections with other clients in the telecom industry, etc.

I find the known connection with Verizon relevant enough to at least raise an eyebrow. It would be a lot easier to de-conflict with a lawyer who had never had a telecom client... but, how likely is that, in Delaware ? I don't know.

I have no idea, but, even the appearance issue might be telling. Does Verizon want to participate in negotiating, or in bidding in any auction ? Might the connection that exists, if any, make that issue into one that is a potential source of conflict ? If they want to negotiate, it might even be a huge benefit for CLYW shareholders to have that connection exist.

I'm not saying I don't trust our judge, or that he's appointed a crony who is going to work to benefit some of his other clients at CLYW shareholders expense. This judge appears solid, to me, and, particularly given CLYW's sordid history, I think he's probably appointed someone that he knows that he can trust, and I expect that's good for us.

I'll certainly accept their judgment on any conflict, potential conflict, or appearance... more readily than I would accept that in any courtroom in Texas. I've seen enough of the legal profession and their practice in Texas to not be overwhelmed by their prefessional legal ethics. Of course, there's variation in quality that happens everywhere, but, given some of what I've seen of Texas, which I surely do hope is Texas at its worst, if I were given a choice between a courtroom in Texas, and one in Australia that was actually RUN by kangaroo's, I'd probably go with the roos...

So, I think it's useful to address the issues in the "potentials" for conflict that might exist, as the attorneys might not be all that aware of all of the potentials that exist...

So, by now, I've probably converted all of the die hard Daic/Turrini supporters into hard core conspiracy theorists ?
Unless, you know... they were working with and for Verizon all along ? LOL !!!

I don't see these issues as difficult... perhaps because I see competition as a cooperative endeavor... that always requires an awareness of the boundaries and the rule sets, both those that are written, those that aren't, and those that operate as customs that define how things actually work before a foul committed actually gets called.

There's a natural reason that the appointee might take a bit of time to determine if he'll accept the appointment... as he has to de-conflict it.