Joe: Regarding a Class Action Lawsuit
Threats of a class action lawsuit against Novell, expressed or
implied, can be counter-productive. If Novell is making progress
by improving their products, management, and business strategy,
then the distraction of a lawsuit would adversely affect this
progress and drain valuable resources.
These resources include: management's time in gathering
information to satisfy disclosure requests, giving depositions,
many hours of meetings with attorneys, and money -- lots of
money. By the way, Novell will be using money out of the
treasury to defend the lawsuit -- not money out of the pockets
of the officers and directors.
A lawsuit would take several years to complete before anyone
would get a cent, even if a court finds in favor of the
shareholders. How much would the court award the shareholders?
Certainly no way to know that at this time. How much has the
shareholder been damaged and how were they damaged?
I believe that the officers and directors of Novell could easily
demonstrate, in the legal sense, that they are making progress
and are acting in the best interest of the shareholders.
Even though instant results are desired and expected from Novell
and Novell's management, the reality is that it takes time to
effect change. I suggest that a planned effort of "constructive
criticism" be implemented by all who are interested in the
success of Novell. I realize that there are some on this board
who would be delighted in seeing the demise of Novell and will
do whatever they can to help bring it about.
A constructive criticism approach might start with something
like the following:
1. Establish a relationship with a contact person within Novell
that would receive and respond to inputs from participants of
this board.
2. Participants of this board would monitor news and other
sources for information that influence or would influence
Novell's products.
3. For those of you who are in the real world with the
customers, provide a comprehensive wish list of features for
Novell's products and submit to the contact person at Novell.
Looking forward to your thoughts on this.
Best regards,
Elmo |
