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.

  • 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.

  • http://www.health-answers.co.uk Agaricus

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

  • Ophelia Rump

    I did not see a solution provided in your response.

    Vague rumors or alternate realities are thin gruel.

  • 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.

    • http://www.health-answers.co.uk Agaricus

      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..

  • 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.

  • 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.

  • 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

  • sam

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

  • Ophelia Rump

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

  • http://www.lenr-forum.com/forum/ barty

    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.

  • bfast

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

  • 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.

  • 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.