Category Archives: Legal

Order of Judge Leibensperger – Partners Owe Each Other a Fiduciary Duty…

Another doc that wasn’t accessible was Judge Leibensperger’s order (Paper #37) – that’s the one that confirms that partners in a close corporation have a duty of utmost loyalty towards each other.  Here is the link.  Sorry about that and thanks for letting me know.

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Update: Doc Access Fixed

It was brought to my attention that Beracah’s and Ross’s affidavits were not accessible.  They are accessible now.  Google Docs troubles.  Sorry about that :/

Please let me know if any other files are not accessible and it will be fixed.

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Motions: Sanction, Strike, Reconsider… My Parry!

image My move.  Uploaded an index of all the pleadings and filed a package last week that includes a number of things:

Motion to Sanction Fitzpatrick – cause he really shouldn’t be lying or attacking a shareholder in a close corporation.

Motion to Strike Affidavits – so Ward Parry, Cory Goodale, Moshe Pritsker, and Thomas Fitzpatrick all have put forward affidavits.  And it’s all quite funny. 

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Disturbing: WSJ – “Rise of the Warrior Cop”. Erosion of Our Society.

image In line with my previous post, now the Wall Street Journal weighs in (WSJ article)…   and this is disturbing.

It seems that we as a society are gradually moving away from our foundation and principles: respect for individual liberties, innocent until proven guilty, etc.  Heard a thought this weekend (Yuri? dad?) that our government is gradually eroding our rights and liberties in the name of convenience.  And now we’ve ended up with a situation when Manning (Wikipedia) and Snowden (Wikipedia) were able to access incredibly important information (ridiculous in itself if it’s “so secret!”), the government has been able to put Weev (Wikipedia) into prison, and there are numerous other transgressions, which we don’t realize until we’ve come face to face with it.

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Read this Morning: Militarization of Government

Morning read: Salon – “Why did you shoot me? I was reading a book”: The new warrior cop is out of control – the lack of transparency and accountability seem striking.  It’s further upsetting that these things are done with my tax money.  Another instance where we need to push our society to evolve.

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Appeals Process Explanation

imageToday I had the appeals process demystified.  Originally, I was working off a rather confusing blog post from the Law Library.  I got through the first step, but just spoke with a clerk at the Supreme Judicial Court for the County of Suffolk and he has shed some light on the mess.  I documented what I learned on Wiki-Law: Appeals.  But, the gist of it is this – you have five courts:

  1. Lower Court
  2. Appeals Court
  3. Supreme Judicial Court
  4. US District Court
  5. US Supreme Court

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How I Make Decisions, Goals for JoVE

image Let’s talk about making decisions.  Cause I get to phofphelesziz…  (dude next to me at Tosca suggested “proselytize”…  that’s almost the word, though not quite…  Gah!  Where is Fitzpatrick when you need him?!)

First, a very important question: What do I want?

Simple: I want to be happy 1) personally and 2) professionally.  Both must fit within certain constraints.  What are they?

Constraint 1: Regret

When faced with any difficult decision, I ask: “What will I regret in the future?”  That is, wa-a-a-ay out in the future, assuming that I grow old without growing senile.  All minutiae promptly crumbles off the core often clearing the path to a decision.

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Allow Me to Reintroduce Myself… I am your Director.

imageChances are, you are in the loop about the joke of an attempt at a shareholder meeting that happened recently.  Well I received shortly thereafter, by snail-mail, the so-called “meeting minutes” (not linking to the docs yet due to a colleague having been caught in the crossfire).  I promptly responded with a polite, but firmly righteous outrage over the whole thing.

So what does all this mean?

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Court Update: Electronic System En Route & On Blogging

Quick update: filed an appeal (petition for review) a few days ago with the Appeals Court in Boston: apparently, the court is now looking into getting an electronic system in place.  Curious how it (electronic system) will pan out – should be good for everyone.

On a related note, spoke to an attorney, who suggested that I stop blogging.  When I asked why, his answer was “So that you don’t give them anything to mischaracterize you.”  Another lawyer, at one point, also gave me another interesting advice: “You don’t understand how you are perceived.”  And mom cautiously asked “Do you really want people to be able to find this information?”

Why did I decide to blog:

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On Filing an Appeal. Why is Our Judicial System Not Electronic? Must Court Employees Identify Themselves?

image So, I’ve already blogged about how I almost got thrown in jail for effectively attempting to get an explanation.  Now am preparing an appeal.  Again, confusing.  Should have really appealed the initial ruling, but kept hoping to see our justice system in action…  so am doing this with more motions in the process…  Still, it’s good for me to learn how this process works.  Knowledge-dump on appeals here.

Observation: from what I see and hear – everyone seems to know everyone in lower courts resulting in all sorts of politics, “favors”, and bad judgments.  Hard to explain Judge Curran’s and Judge Budd’s judgments otherwise.  That said, I heard that things get better as one moves up the appeals process…

However, it seems that public accountability is a pretty important element, which brings me to the next question: Continue reading

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