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This Month's Modest Bill from Berger Singerman and Some Shares Returned

By Pamela Jones et al.

SCO's lawyers, Berger Singerman, have joined the line for their monthly money. December's bill [PDF], however, the firm's fourth interim bill, is for a mere $21,983.00, plus expenses of $159.85. This firm's prior bills were for $65,331, $175,516 and $296,323.25 and expenses of $2,526.40, $5,177.33 and $13,027.33. I think you can see that December's bill represents quite a change, particularly since the first bill was for only a half month, September 14 through the 30th.

Now you see why Novell objected to the leases and noted its concerns about the first Mesirow bill -- it was sending a message, and I'd say it was received loud and clear. Everyone seems to be going on a crash diet in Delaware.

The most intriguing item is on page 12, where the firm says they spent 12.60 hours discussing with co-counsel and conducting research in connection with "the possible removal or transfer of litigation". I don't know if they are trying to escape from Delaware or from Utah. Actually, judging by Exhibit A's page 12, it looks to be about the Wayne Gray trademark litigation. In any case, they began drafting a notice of removal. And on page 11, we learn the firm "communicated with the Debtors with respect to the claim of Sun Microsystems, Inc." I have no idea what it means. The firm also communicated with co-counsel "regarding the Debtors' fourth quarter employee bonuses". Yes. Bonuses.

Exhibit A has an interesting notation also: on 12/10 there was a conference call about resurrecting the York deal. And there is a reference to an "ICC Arbitral Order", a procedural order. That has to be the Swiss arbitration, I assume. And R. Duff Thompson, a Director, has voluntarily returned to SCO 11,923 shares, at no consideration.

Full post as published by Groklaw on January 25, 2008 (boomark / email).