“Little more than a publicly traded lawsuit”

by Walter Olson on November 6, 2003

The Wall Street Journal reports that SCO Group, which has sued IBM and threatened to sue many other companies based on the premise that the open-source Linux operating system infringes its intellectual property, has negotiated an arrangement with the law firm of Boies Schiller & Flexner. Under the arrangement, Boies Schiller will be granted a 20 percent contingent fee applicable not only to judgments and settlements arising from the lawsuits but also to certain events relating to SCO itself as an entity, including sales or equity financing. Corp Law Blog, commenting (Nov. 5), says: “SCO’s willingness to essentially give Boies 20% of SCO — whether through license fees, equity financings or a sale of the company — suggests that SCO is little more than a publicly traded lawsuit.” See William Bulkeley, “Boies’s Firm Could See $49.4 Million From SCO”, Wall Street Journal, Nov. 6 (sub). (via Prof. Bainbridge)

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