Sunday, May 26, 2013

GS Cleantech Corporation v. Pacific Ethanol, Inc.

Big News.  Looks like the new litigation has begun.  SkunK says we get a PR on Tuesday. 

See Here

Thanks to this post on I-Hub for the heads up.


Bonus:  Here is a Glen Courtright BusinessWeek Update for those who remember.


nobody123789 said...

This is not unexpected. The timing is very intriguing -- entering into another legal front with an entirely different law firm; Wilke, Fleury, Hoffett, Gould & Birney of Sacramento, CA -- NOT Cantor & Colburn of Hartford, CT. Cantor & Colburn has the technical and legal details of this particular litigation (COE) down to a science and have clearly won most of the court battles to date and would have NO learning curve with initiating this new suit. Cantor & Colburn also have a financing agreement with GERS ($50,000 per month) that is not in place with the new law firm that must have a new retainer and new financing.

Does this mean that GERS is dissatisfied with Cantor & Colburn? Does this mean that Cantor & Colburn thought it unwise to enter into a second front (as the Germans did against the Russians in WW II with disastrous results) but KK needed more vengeance and decided not to follow this advice? Until the reasons are known this must be VERY troubling for GERS' common shareholders -- based on the the last several filings the only method GERS has to finance this second front is through massive dilution that will likely lead to more R/Ss.

The only justification for this action NOW (beyond satisfying vengeance) would be a pending settlement of the MDL suit so that adequate funds would soon be available to commence the second front. If such a settlement is not forth coming this action may be an act of fiduciary irresponsibility. This action also begs the question why it is so difficult for GERS to MARKET its superior technology and can only bring some of the businesses to the table through costly and lengthy litigation?

"As a full service law firm, Wilke Fleury has the experience and the resources to meet all of our clients’ legal needs quickly and effectively.

Accountants' Liability
Alternative Dispute Resolution
Appellate Advocacy
Bankruptcy, Restructuring & Receiverships
Business Entities & Transactions
Business Litigation
Construction Defect
Estate Planning & Probate
Government Relations & Legislative Advocacy
Professional Liability Defense
Real Estate, Construction and Land Use

What is up here?

Searching their web site with "intellectual Property" yields two hits -- two attorneys (Eaton and Redmon) and their areas of practice are business law, healthcare, and accountant liability. What is up here?

nobody123789 said...

If there is a press release I hope that it sheds light on three issues:
1) Why now?
2) Why a firm with apparently no IP expertise and not C & C has been engaged?
3) How are they going to pay for the second major multiple year litigation front they have initiated? UNLESS there is major cash settlement at hand from the other front the only options are US through dilution and GERS' cash on hand. Possibly contingency completely because of their inexperience?

nobody123789 said...

A lot of questions that really boil down to one:

Is this litigation at this time really in the best business interest of GERS and its common shareholders or an expression of KK's thirst for vengeance?

We must always remember that no matter how much dilution is absorbed and required here that KK and the inner circle maintain a constant portion of the company. Now if they would give that up and suffer the same risks as we do in this next foray, that would say something -- $119,917,084 and counting; the amount common share holders have paid to keep this company afloat.

Anonymous said...

Nobody is getting nervous here as he's working overtime bashing. Love it!!

Abe said...

To any one new checking out this very informative Blog on Greenshift. Be advised - "nobody123789" is a paid "basher". 3 posts at 6:30 in the morning on a Sunday?! He works for the patent infringers and is most likely paid per post. He pretends to be objective, and a fan of GERS but he is not. Ignore his input, there is plenty of valuable input on this forum - his is not.
Abe L.

nobody123789 said...

Address the questions and stop putting your head in the sand! Speaking of being up early on Sunday -- Abraham L. is paid pumper and ignore his hysteria.

nobody123789 said...

Also, look in posts from yesterday way ahead of the Skunk's announcement -- I am vigilant on Saturday too, in fact any hour of any day that the truth needs be addressed. It is only through understanding what is really going on that our investment will advance, not through the hopes and wishes of the Hallelujah Chorus. I wonder how they are going to respond to another R/S if it is created by costs associated with this next round of litigation?

Anonymous said...

What does mdl stand for what suit is that?

nobody123789 said...

The current major combined case against : 1) Ace Ethanol; (2) Al-Corn Clean Fuel; (3) Blue Flint Ethanol; (4) Bushmills Ethanol; (5) Chippewa Valley Ethanol; (6) Heartland Corn Products; (7) Lincolnway Energy; (8) United Wisconsin Grain Producers; (9) Iroquois Bio-Energy Company; (10) Cardinal Ethanol; (11) ICM; (12) Big River Resources West Burlington; (13) Adkins Energy; (14) Big River Resources Galva; (15) Lincolnland Agri-Energy and (16) David Vander Griend.

for patent infringement.

Abe said...

"Paid pumper", nobody you are too funny. I have been following boards for years and have never seen anyone called a "paid pumper". I've seen people be accused of being blindly optimistic. And I have seen people cry foul when a "news article" is really published by a P.R. service that is paid. But a "paid pumper" that is funny. You are getting desperate, ICM must not be happy with your performance lately.

"nobody123789" is a paid basher.

Abe L.

nobody123789 said...

Abraham the Wise it is a syllogism :

An argument the conclusion of which is supported by two premises, of which one (major premise) contains the term (major term) that is the predicate of the conclusion, and the other (minor premise) contains the term (minor term) that is the subject of the conclusion; common to both premises is a term (middle term) that is excluded from the conclusion. A typical form is “All A is C; all B is A; therefore all B is C.”

If I am a paid basher then you are paid pumper. In other words things equal to the same thing or equal things are equal to each other even if that equality is illogical. Instead of attempting to mix words with me (which will invariably lead to your failure) why not attempt to bring some insight into the issues raised? If any one has followed your drippings here they would see that you only discredit posts that you do not like and never respond to them or attempt to provide a thoughtful counter perspective.

Anonymous said...

MDL = Multi-District Litigation

GS got it in this MDL court so they could address all litigants at the same time. Same pre-trial rulings - likely same trial results. It is all about the setup in litigation. Smart money says this WILL be settled in the upcoming settlement conference.

Watch GERS go after the low hanging fruit- as cheaply as possible- before this gets settled. Then after the MDL settlement they will have the powder to force these newbies to settle on the same format.

Anonymous said...

Nobody is a paid Ass, who has that much time in their life?
Who gets up at 6:30?

Anonymous said...

paid basher for sure what a lozer

Anonymous said...

That firm is local counsel used by Cantor in California. They have local counsel in every state GreenShift has filed suit in.

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