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Microcap & Penny Stocks : Ben Ezra Weinstein (BNEZ) -- Ignore unavailable to you. Want to Upgrade?

To: Leroyt who wrote (4265)	11/2/1998 7:07:00 PM
From: Ellen	Respond to of 9391

From the Raging Bull thread: (just a note - we did, of course, see the PR today. I agree with this same person's later comment. That the PR was nicely done. It addressed shareholder concerns about the decision but focuses on the product.) BNEZ v. AOL I would be surprised actually to see a PR based on the Judge's decision. I do not want to minimize the import of that decision but Discovery is a given in cival cases. The fact that this issue was argued and briefed is remarkable really. I have not seen the file. I take this two ways. One...AOL is trying to out lawyer BNEZ. This is done when the Goliath fights every little thing to death. Increasing the David's cost. AOL can out spend BNEZ very easily. If this is just a matter of working the file to the detriment of the smaller company then this decision is not that important. Summary Judgement is routinely asked for early in many cases. Routinely it is denied. If, however, this is truly groundbreaking and a new interpretation of the existing law then expect settlement before any sensitive information is Discovered. The more that BNEZ discovers the more valuable is their case. A conflict ensues. BNEZ wants to discover more and more. AOL fights every detail. The cost to proceed gets high for both sides but is relatively much more expensive for BNEZ. The content of the Discovery can routinely be protected by the Court. That is to say that not all of this information will be on the public record. AOL could provide discovery only with an order of secrecy or some such thing. The same goes for BNEZ. The Judge can Order that neither party issue PR or talk to the media. Sometimes using the media to promote your case works...sometimes it doesnt. Finally. I have worked with a lot of brilliant lawyers. I can tell you this. You do not get a White House staff job without being one of the best in the business. The company could not be positioned better at this time. The three biggest challenges fit right into each of the big three (Jack, Mikey, and the Doc) areas of specialization. The three challenges are 1. Distribution 2. Finance and Market Cap issues 3. AOL matters We have the product and the guys that know how to face and overcome the challenges. Just dont expect a lot of PR over Discovery Decision just yet.....the big news will be when AOL folds. JMO John Davis