New Lawyer Added to Leonardo Team — Brian Chaiken

Thanks to Ged for pointing out the following entry in the Rossi vs. Leonardo court docket about a new attorney representing Leonardo Corporation:

NOTICE of Attorney Appearance by Brian W. Chaiken on behalf of Leonardo Corporation, Andrea Rossi. Attorney Brian W. Chaiken added to party Leonardo Corporation.

Mr. Chaiken is a partner at the Florida law firm Perlman, Bajandas, Yevoli & Albright, P.L. which has offices in Ft. Lauderdale and Miami.

His professional profiles can be seen here: http://pbyalaw.com/attorney/brian-chaiken/ and here: https://www.linkedin.com/in/brian-chaiken-529a738

One interesting thing from the above profiles is that he points out his experience in settling cases; he states that as Executive VP of Legal Affairs for Supra Telecom that he “settled numerous litigation cases for a combined total of more than $100 million”, and “Settled numerous litigation cases for a combined total of more than $100 million; litigated complex commercial cases, including federal anti-trust and trademark infringement, before state and federal courts, state regulatory commissions, and private arbitrators.”

An out-of-court settlement in this particular case seems to me a this point to be rather unlikely, based on what we have seen and heard from both sides, but I certainly don’t see it as being out of the question. Judge Altonaga has ordered compulsory mediation in this case and perhaps an attorney like Mr. Chaiken who is experienced in complex commercial cases could help find ways to reach an agreement.

  • Ophelia Rump

    It definately shows an intention to negotiate in good faith.

    • Ged

      I also noticed he has a background in accounting. Don’t know if that played a factor in him being tapped and accepting the case, but it is interesting seeing the angle he specializes in.

      I think Frank’s summary analysis is quite good in pin pointing his possible role in this.

      • Ophelia Rump

        Yes, Frank has proven to be quite versatile.

  • Ophelia Rump

    It definately shows an intention to negotiate in good faith.

    • Ged

      I also noticed he has a background in accounting. Don’t know if that played a factor in him being tapped and accepting the case, but it is interesting seeing the angle he specializes in.

      I think Frank’s summary analysis is quite good in pin pointing his possible role in this.

      • Ophelia Rump

        Yes, Frank has proven to be quite versatile.

  • fritz194

    If we assume that both parties have no secret agenda – it looks like both sides left the path of their agreements – so a negotiation would make sense.

  • fritz194

    If we assume that both parties have no secret agenda – it looks like both sides left the path of their agreements – so a negotiation would make sense.

  • Bruce__H

    My concern is that the case will be settled under a set of nondisclosure conditions that will leave the scientific issues unresolved..

    • Abd Ul-Rahman Lomax

      So Rossi and IH should spend a pile of money — millions of dollars, perhaps — to satisfy what you want? To me, right now, it looks like the primary suit might be dismissed through Summary Judgment before it ever gets to trial. The “scientific issues” may be moot to the outcome.

      • Bruce__H

        Abd Ul-Rahman Lomax said:

        “So Rossi and IH should spend a pile of money — millions of dollars, perhaps — to satisfy what you want?”

        That’s not what I meant and it’s not what I said. From what I have read of your work I had thought you were better than this sort of childish game.

        I have the same concern about a summary judgement.

        • Abd Ul-Rahman Lomax

          Of course you would. You wrote:

          “My concern is that the case will be settled under a set of nondisclosure conditions that will leave the scientific issues unresolved.”

          Now, it’s true: you did not suggest that they should spend money to address your concern. However, others have, so consider that, to some extent, you were a stand-in for them.

          Rossi v. Darden is not about your concerns or my concerns, except, for me, in one sense. I am committed to supporting LENR research, and the lawsuit is spending money that could be spent on research. But I don’t think that Rossi should give up on a legitimate claim because of that. And IH is free to make their own decisions.

          IH is not, at the present time, big on informing the public. Most of what they are doing is secret. I don’t like that, but, again, it’s their right. I do think that there is work afoot that will be disclosed within about a year. At that time I expect IH to become more concerned about public relations, because I expect them to be supporting governmental funding, once the way is prepared.

    • Teemu Soilamo

      This is exactly what’s gonna happen, per Murphy’s Law.

    • Ophelia Rump

      The only resolution is product to market. Even that will be obfuscated, inveigled and obscured.

      • Bruce__H

        THis meme about the only resolution is product to market isn’t true. It isn’t the only resolution. Others are possible too. Rossi hides behind this meme though. He uses it to obfuscate.

        • Ophelia Rump

          I did not see a solution provided in your response.

          Vague rumors of alternate realities are thin gruel.

    • Rene

      Even if it went to court much of the proceedings would have been under seal anyway. Happens a lot in civil cases.

      https://www.rcfp.org/secret-justice-secret-dockets/civil-suits-kept-under-wraps

    • Frechette

      A court of law is not the place to settle scientific nor for that matter historical issues as is the norm in some European countries. Historical revisionists as well as their defense lawyers have learned this some time ago.

  • bfast

    If you are confident of your findings that the other party actively defrauded you, do you seek a negotiated resolution?

  • bfast

    If you are confident of your findings that the other party actively defrauded you, do you seek a negotiated resolution?

    • Abd Ul-Rahman Lomax

      Yes, or any sane attorney will consider settlement. Why should you spend a ton of money on litigation just because someone else defrauded you? Because you are pissed off? Attorneys are trained not to get pissed off. It’s just a pile of words, filings, etc. Just a job. “Settlement” doesn’t mean that you pay a bunch of money to a fraud. It might mean that you drop the counterclaim, for example. Why should IH pay the huge cost of prosecuting this if there is no payoff for them compared to a settlement? Maybe Rossi gives them $X, etc.

      (Or maybe they give Rossi $X. Whatever the lawyers can encourage the clients to accept.)

      It is all open. Basic rule in civil cases: always seek a negotiated solution. Period. Good practice: deal with people on the basis of equity and offer a reasonable settlement in advance. In California, if you offer to settle a matter, and it is rejected, and the court awards you the same or better than what you offered, you can collect all your legal expenses. (As I recall, it’s been years.) So, if that is a rule, always offer a reasonable settlement.

  • Rossi started the law suite.
    And now, where IH is heavily accusing Rossi with facts, he tries to settle the case?

    What should that say us?

    • Ophelia Rump

      It is not some kind of statement, it is the process of law.

      That is just how it works.

    • Julio Ruben Vazquez Turnes

      Excuse me. Heavily accussing with facts? Wich facts? and also, Rossi didnt try to settle.

      Your statement is so far from truth as the ones made by IH and wich were already dismissed here.
      Like the one showing a roof without a vent but wich in fact was there. If these are your “strong facts” then good luck in your believing.

    • Robert Dorr

      If facts are composed of holes, then indeed I.H. has presented many “facts” that should have been served up with a large bilge pump.

    • Ged

      If IH asked to start negotiating settlement, Rossi would want to grab a settlement lawyer in that case too. So, there is no information about who wants to settle with whom here, just the standard process. No need for jumping to conclusions.

    • Frechette

      Let me remind you it was Judge Altonaga who has ordered compulsory mediation to the parties of this matter. Rossi is doing everything to protect himself by adding another legal expert to his dream team. Were I in his shoes I would do likewise.

      That is what this is saying to me and nothing else.

  • Rossi started the law suite.
    And now, where IH is heavily accusing Rossi with facts, he tries to settle the case?

    What should that say us?

    • Ophelia Rump

      It is not some kind of statement, it is the process of law.

      That is just how it works.

    • Julio Ruben Vazquez Turnes

      Excuse me. Heavily accussing with facts? Wich facts? and also, Rossi didnt try to settle.

      Your statement is so far from truth as the ones made by IH and wich were already dismissed here.
      Like the one showing a roof without a vent but wich in fact was there. If these are your “strong facts” then good luck in your believing.

    • Robert Dorr

      If facts are composed of holes, then indeed I.H. has presented many “facts” that should have been served up with a large bilge pump.

    • Ged

      If IH asked to start negotiating settlement, Rossi would want to grab a settlement lawyer in that case too. So, there is no information about who wants to settle with whom here (or if either party even wants to), just the standard process. No need for jumping to conclusions.

    • Frechette

      Let me remind you it was Judge Altonaga who has ordered compulsory mediation to the parties of this matter. Rossi is doing everything to protect himself by adding another legal expert to his dream team. Were I in his shoes I would do likewise.

      That is what this is saying to me and nothing else.

      • Abd Ul-Rahman Lomax

        Mediation is a standard part of that court’s legal process. Parties must participate in it but the mediator cannot order acceptance of any settlement.

        Yes. Rossi appears to have moved up as to counsel. Is Ms. Silver still on the case? She was the one at the firm representing Rossi with extensive experience. I haven’t seen a withdrawal. The report here is not complete, there were three new attorneys added, plus Annesser has apparently moved to the new firm, by the email address. Chaiken is simply the one who signed the appearance.

        • f sedei

          I believe there is no way this case will be mediated…unless IH is willing to drop completely out of the picture. Then, maybe Rossi would even agree to forgive the $$ he claims IH owes him. $89 mil is chicken feed compared to what LENR productions may truly be worth. Many billions of $$ are potentially at stake here.

    • Michael W Wolf

      Facts? Name one. You detractors will say anything. You don’t let truth get in your way when you have something to say. That is evident.

      • Fact mangling is all that ‘detractors’ like barty have left. I’m not sure what inverting reality in this way is intended to achieve.

  • Ophelia Rump

    The only resolution is product to market. Even that will be obfuscated, inveigled and obscured.

  • sam

    Maybe they are thinking they could do without the following.
    http://legal-dictionary.thefreedictionary.com/evidence

  • sam

    Maybe they are thinking they could do without the following.
    http://legal-dictionary.thefreedictionary.com/evidence

  • Rene

    Even if it went to court much of the proceedings would have been under seal anyway. Happens a lot in civil cases.

    https://www.rcfp.org/secret-justice-secret-dockets/civil-suits-kept-under-wraps

  • Mike Henderson

    This case is just a debt collection exercise. I’d settle for 50% rather than face a Miami jury with fringe science. In all likelihood, nothing will be revealed.

  • Mike Henderson

    This case is just a debt collection exercise. I’d settle for 50% rather than face a Miami jury with fringe science. In all likelihood, nothing will be revealed.

    • Abd Ul-Rahman Lomax

      I see no way that IH would offer 50%. It is possible that they would offer dropping the countersuit if the primary is dropped. The really complicated issue is whether or not the License is worth anything to them as a hedge against some October Surprise or the like. The status quo is that if Rossi is Real, and commercializes elsewhere, they win. If Rossi is fake, they have already won, in a way, because of Woodford, which obviously trusted them. (If they lied to Woodford, they could be screwed, but I suspect they did not lie. It would have been dumb.) Yes, that win cost them $11.5 million or more, but they could write that off to experience.

      It’s complicated and predicting where they would find a balance, I find difficult.

      However, the new counsel does not indicate a decision by Rossi to negotiate. That’s purely speculation without adequate evidence. I will agree, though, that if there is to be serious negotiation, Rossi may have a more experienced lawyer on his side here. Will he listen to counsel?

    • Calorimetry and reading meters (input and output power and energy) is “fringe science”?

      Okay …

  • sam

    This is from LENR forum.
    barty wrote:
    Rossi started the law suite.
    And now, where IH is heavily accusing Rossi with facts, he tries to settle the case?

    What should that say us?
    Nothing, because there is no evidence that Rossi is trying to settle. The evidence is that he has hired a possibly more competent and experienced attorney. Who does have experience with settling cases.

    A good attorney will settle cases for what the client could get at trial, or close, without incurring high legal fees. Or, more accurately, will advise such settlement.

    It’s fairly clear to me that Rossi filed without going through an extensive effort to negotiate, involving mutual disclosure mediated through attorneys. Instead, he rushed to file, so much of a rush that he filed the day before the payment became past due.

    That’s evidence of an incompetent attorney or an intransigent client. (or both!)

    • sam

      ob·sti·nate
      ˈäbstənət/
      adjective
      stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so.
      synonyms: stubborn, unyielding, inflexible, unbending, intransigent, intractable, obdurate, mulish, bullheaded, stubborn as a mule, pigheaded, self-willed, strong-willed, headstrong, willful, contrary, perverse, recalcitrant, refractory, uncooperative, unmanageable, stiff-necked, rigid, uncompromising, implacable, unrelenting, immovable, unshakable; More
      (of an unwelcome phenomenon or situation) very difficult to change or overcome.

    • A lawyer with a track record in settlement may have been hired just to ‘go through the motions’ of complying with Judge Altonaga’s order, but with no intention of actually compromising on Rossi’s part..

  • sam

    This is from LENR Forum-Abc-Ul-Rahman-Lomax Barty wrote:
    Rossi started the law suite.
    And now, where IH is heavily accusing Rossi with facts, he tries to settle the case?

    What should that say us?
    Nothing, because there is no evidence that Rossi is trying to settle. The evidence is that he has hired a possibly more competent and experienced attorney. Who does have experience with settling cases.

    A good attorney will settle cases for what the client could get at trial, or close, without incurring high legal fees. Or, more accurately, will advise such settlement.

    It’s fairly clear to me that Rossi filed without going through an extensive effort to negotiate, involving mutual disclosure mediated through attorneys. Instead, he rushed to file, so much of a rush that he filed the day before the payment became past due.

    That’s evidence of an incompetent attorney or an intransigent client. (or both!)

    • sam

      ob·sti·nate
      ˈäbstənət/
      adjective
      stubbornly refusing to change one’s opinion or chosen course of action, despite attempts to persuade one to do so.
      synonyms: stubborn, unyielding, inflexible, unbending, intransigent, intractable, obdurate, mulish, bullheaded, stubborn as a mule, pigheaded, self-willed, strong-willed, headstrong, willful, contrary, perverse, recalcitrant, refractory, uncooperative, unmanageable, stiff-necked, rigid, uncompromising, implacable, unrelenting, immovable, unshakable; More
      (of an unwelcome phenomenon or situation) very difficult to change or overcome.

    • A lawyer with a track record in settlement may have been hired just to ‘go through the motions’ of complying with Judge Altonaga’s order, but with no intention of actually compromising on Rossi’s part..

  • Ophelia Rump

    I did not see a solution provided in your response.

    Vague rumors or alternate realities are thin gruel.

  • Michael W Wolf

    My first thought was that this lawyer was brought in to go after IH for falsely accusing Rossi of fraud. Like an attack dog. Notice he was brought in after IH’s response.

  • Fact mangling is all that ‘detractors’ like barty have left. I’m not sure what such techniques are supposed to achieve.

  • f sedei

    I believe there is no way this case will be mediated…unless IH is willing to drop completely out of the picture. Then, maybe Rossi would even agree to forgive the $$ he claims IH owes him. $89 mil is chicken feed compared to what LENR productions may truly be worth. Many billions of $$ are potentially at stake here.

  • Abd Ul-Rahman Lomax

    By the way, “compulsory mediation:” is standard in this court, this was not something special the Judge ordered for this case. It means mandatory participation in the process. The mediator has no power to compel settlement.

  • Abd Ul-Rahman Lomax

    There is a new attorney in the case, just added, appearing for the purpose of waiving service for J.M.Products, Henry Johnson, and USQL, LLC (Fabiani’s company). This gives them 60 days in which to respond instead of 21. So far, no appearance on behalf of Penon or Fabiani personally. I have a suspicion that the attorney may move to dismiss Fabiani personally as a defendant, arguing that the contract was with USQL. USQL is a single-person LLC, so …. YMMV.