Chapter 6 – So Why am I Blogging?

The company M filed a lawsuit against did not survive litigation that arose after M filed his complaint…many years after. And now counsel for M, Linda Marshall, does not want to accept that Northwest Direct Teleservices, Inc. is no longer alive. Usually at this point an unsecured creditor like Linda would have a right to see the financial records to confirm that the company is no longer alive. We could have filed bankruptcy but there was nothing to liquidate and sell. The secured lenders already took those assets and they have been sold to pay off secured debts. Linda Marshall believes that is true. But she persists.

One thing attorneys can do for themselves is create havoc, hurt other people, cause other damage, because they have a licenses to practice the abuse of the law. Linda did not wait to evaluate the book and records of the now dead corporation. Instead she filed a baseless lawsuit against the parent of NDT and me personally, alleging incorrectly that we took money from NDT and that caused them to become unable to meet their debt obligations. Nothing could be further from the truth. Nothing. And while their claim is only for $75,000, the cost to us to defend this will probably reach $50,000. Business owners beware. If you’re an architect for example and your business failed, a lawyer like Marshall has the ability to abuse her license by just attacking you without merit and you will forced to defend that. And you’ll be forced to provide your personal tax returns to show that you did nothing, provided of course that a judge does not stop the Marshallesque abuse sooner.

Now interestingly enough Marshall entered into a contingent fee arrangement with M and she gets the lion share of the judgment. I am surprised M went along with her on this. But now that they have done so and alleged that we (that I) have been engaged in fraud, I might as well bring the history of their bad behavior to the world so that everyone can learn from it an perhaps there will be a ground swell enough to make some changes here…who knows. I don’t want this effort to be emotional. I believe there is a truly important lesson that I can bring to those of you who own a small business and that is at the very least is to avoid arbitration. It is just too risky.

The only fair way to dive into my experience is to first say that we lost. The reasons for the loss require that we go through the evidence and the testimony and paint the experience for you. Most of the evidence we presented of really critical value were generated by independent forensic experts. An expert takes the hard drive for example and performs a variety of tests on it, using very sophisticated software and from that effort prepares a report of his findings. We hired two independent experts. Max hired one.

We had an Amanda Marshall as a US Attorney here in Portland. “Marshall, who had fallen under an internal investigation by the Department of Justice’s Office of the Inspector General for an apparent conflict with a subordinate, left office in early March citing health reasons,” per Oregonlive. Not the same person and not related to Linda Marshall I don’t believe.

I am struck by how many arbitrators and judges have shared a common employment experience with Linda. Bill Crow and Marshall were law partners for many years. It’s odd and a lot of this blog will continue to move back to this, as we dissect the testimony and readily come to the conclusion that something else is up here.

So because of the unrestrained legal action by Marshall, I need to monetize our experience as much as possible to pay for the defense of this baseless lawsuit. I need to dive into what we found on the first hard drive. And I think I may need to make a correction. The first hard drive used by M was the 120 gig hard drive, in his possession from approximately December 2001 until he provided the hard drive to me on the afternoon of November 13, 2003. So lets dive into the 120 gig hard drive and M’s testimony on that.

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