To: Imran who wrote (3622 ) 2/18/2000 9:51:00 PM From: Bid daddy Respond to of 3896
Something to look at; Burntsand Inc. - LGS files revised Burntsand barter suit Burntsand Inc. BRT Shares issued 46,319,946 2000-02-18 close $13.75 Friday Feb 18 2000 See LGS Group Inc (LGS.A) Street Wire by Brent Mudry LGS Group has expanded and revised its barter software suit against Burntsand. In an amended statement of claim filed Wednesday in the Supreme Court of British Columbia, LGS adds a claim of loss of opportunity to participate in a venture last year with BarterTrust.com, a new San Francisco-based, venture capital-backed company developing a worldwide business-to-business electronic barter trade network. The court filing was made the day after LGS disclosed a friendly takeover bid from IBM Canada. The amended claim also discloses that LGS sold its B.O.S.S. barter system software, which it developed and maintained for clients Mutual Exchange Canada and Mutual Exchange International, on Jan. 12 to Steve Croteau, the principal of MEC and MEI. The full terms are not disclosed, but LGS notes it assigned most its interest in the B.O.S.S. system to Mr. Croteau "in return for payment of monies owing under the B.O.S.S. contracts in accordance with the terms of an agreement dated Jan. 6." The amended claim alleges that in addition to soliciting the business and clientele of LGS, including Mr. Croteau, MEC and MEI, Burntsand also solicited Future Shop, another LGS client. In the original suit, filed Nov. 18, LGS claims Burntsand lured the defection of key employees Harold Hutchinson and Guy Faubert, and consultant Milan Martin last spring, and then recruited eight other employees working on the barter software project. The suit claims that LGS and its defectors lobbied Mr. Croteau in a bid to lure away the MEC and MEI business. In statements of defence filed Dec. 10, Burntsand and Messrs. Hutchinson, Faubert and Martin denied the LGS allegations. "This action is an abuse of process, commenced and maintained by the plaintiff knowing that its claims are without merit and for an improper collateral purpose, namely to harm Burntsand's business and reputation, impede lawful competition, and obtain confidential information regarding Burntsand's BarterTrust.com project, and thereby obtain an unfair competitive advantage and other collateral benefits," states lawyer Bradley Freedman of Ladner Downs in the defence. In its amended claim, LGS claims the B.O.S.S. system established it as having significant expertise in the development of Internet barter exchange software and in e-commerce software applications generally. In its defence, Burntsand claims the B.O.S.S. and BarterTrust.com systems are completely different. It asserts the B.O.S.S. system is a back-end administrative and accounting system which has no front-end functionality for an on-line barter exchange. Burntsand claims the B.O.S.S. system is highly centralized with a very simple architecture, using a Microsoft platform and Microsoft and Tango-based applications, while the BarterTrust.com system is a complete on-line barter exchange trading system. It asserts that BarterTrust.com is a distributed and modular system, with highly complex architecture, which is based on an open Unix platform using Sun/Soaris, IBM, Netscape, Oracle and Java applications. None of the allegations or defences have yet been proven in court, and no court date has yet been set. Burntsand has not yet filed an amended statement of defence to respond to LGS's amended statement of claim. (Readers wishing further details of the initial suit may refer to a Streetwire dated Nov. 19.) (c) Copyright 2000 Canjex Publishing Ltd. canada-stockwatch.com old url (better for printing)