Showing posts with label WilmerHale. Show all posts
Showing posts with label WilmerHale. Show all posts

Saturday, June 25, 2011

BTU and Almazeedi: their apparent mantra - "one set of rules for us, another set of rules for everybody else"

Almazeedi: making statements he is not allowed to make and can not substantiate
We are picking-up a subject briefly mentioned previously: information included in the "new" btupower.com website.

No information obtained in depositions conducted as part of BTU's ongoing lawsuits can be used publicly.  Customary confidentiality agreements stipulate that such information will be used only in the litigation. Otherwise, we would be at full liberty to place the contents of Almazeedi's forthcoming depositions on this blog.

Almazeedi chose to ignore those agreements when he published the following statement in the btupower.com website that replaced the disappeared btuventures.com:
ORIGINAL btupower.com:  "Recently one such defendant admitted, under oath, that he had initiated and maintained a blog that posted negative and inaccurate content about the BTU Companies and that he had not told the truth in a previously filed affidavit with the courts.  Another such defendant admitted that he had contributed comments to this defamatory blog."
He, perhaps with the assistance of his lawyers, has finessed the language of the site to essentially say the same things in a different way:
MODIFIED btupower.com:  "Following the initiation of the lawsuits, one of these defendants initiated and maintained a blog that posted negative and inaccurate content about the BTU Companies, and re-filed his affidavit with the court to correct inaccurate statements. Another defendant has also contributed comments to the defamatory blog."
Only someone with access to those depositions, Almazeedi and his attorneys WilmerHale, Foley Hoag, Leonard Learner, etc. could make the assertions included in both the ORIGINAL as well as the MODIFIED STATEMENT.

What can we conclude about Almazeedi's actions?
He could easily have posted the "admissions" he mentions in his website:
  1. IF THEY EXIST (i.e. if the "admissions" were ever made)
  2. IF HE HAS A RIGHT TO PUBLISH
In our opinion this is the easiest thing in the world to do to prove your point.


Other misinformation
Almazeedi mentions that "We have and will continue to take appropriate action against these individuals."  He is referring to the lawsuits initiated against former employes and contractors during the past two years. Those lawsuits did not, and do not, have ANYTHING to do with this blog. 

Conveniently forgetting
Almazeedi purposely obfuscates facts in the following statement "Despite a calculated campaign of U.S. litigation and disinformation by these various defendants.."  It is indeed quite convenient for him to create the illusion of some "grand conspiracy" - for all intents and purposes it gives him license to do and say things that one normally couldn't.

FACTS
The lawsuits filed by Hayat, the 44% owner of BTU Holdings Company and the two former investors in BTU Power Company II had their basis in actions that took place long before Betancourt, Murphy, and McBrearty entered into the BTU picture.

CIRCULAR LOGIC
Perhaps Almazeedi and BTU are forgetting that THEY initiated the litigation against those former employees and contractors.  How can Betancourt, Murphy, and McBrearty have been a part of a "calculated campaign" to get themselves sued by Almazeedi and BTU?

Monday, April 4, 2011

WilmerHale (full name: Wilmer Cutler Pickering Hale and Dorr LLP) is OUT of the Betancourt, Murphy, and it appears, McBrearty litigation (we don't know yet about the Hayat litigation).

After SO MANY years of representing Wael Al-Mazeedi in all US-based litigation involving partners (Hayat), former investors (IFIC and ASEAN), former employees (Murphy and Betancourt), former contractors (McBrearty) they are gone in the span of a few days!  They've become history.
The following is from Public Access to Court Electronic Records website (US Federal Courts)

Wilmer Cutler Pickering Hale and Dorr LLP: Withdrawing
  • Murphy: WH filed Notice of Withdrawal of Appearance (March 31, 2011-April 1, 2011)

Full docket text for document 43:
NOTICE of Withdrawal of Appearance by Joshua D. Jacobson (Jacobson, Joshua)
Full docket text for document 44:
NOTICE of Withdrawal of Appearance by Richard A. Johnston (Johnston, Richard)
Full docket text for document 45:
NOTICE of Withdrawal of Appearance by Harry T. Daniels (Daniels, Harry)
  • Betancourt: WH filed a Motion to Withdraw as Attorney (April 4, 2011)
link: Motion for Leave to Withdraw Appearance
link: Affidavit of Richard A. Johnston in Support of Motion for Leave to Withdraw Appearance
Full docket text:
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting [73] Motion to Withdraw as Attorney. Attorney Richard A. Johnston terminated. (Bowler, Marianne)
[Note: WilmerHale got the name of the defendant wrong in their Motion and Affidavit in the Betancourt litigation.  They put in the name of Daniel McBrearty.  This is the reason we are guessing that they are withdrawing from the McBrearty litigation as well.]
 Open-ended Question
They have been Wael Al-Mazeedi's principal cudgel (shock troops, storm troopers, etc.) for ALL kinds of disputes.  Wael Al-Mazeedi could seemingly just simply "beat" people and companies into submission through them.  How (WHY) does someone walk away (if that's what they did) from the source of many thousands (millions?) of US dollars in fees?  I imagine it's not on the basis of higher principles (or maybe IT IS - imagine that, WilmerHale thinking about PRINCIPLES instead of $$$).

Monday, February 28, 2011

BTU Ventures seemingly disappears: BTU Power Company takes its place (what was it before? what is it now? who was involved from the beginning?)

(note: this is a work-in-progress).  more to come from court documents filed in Massachusetts and the Cayman Islands (all available filings from Massachusetts Superior Court as well as the Grand Court of the Cayman Islands will be posted soon)....

Information from the "dockets" in the Abdulmohsen Hayat litigation (US and Caymans) helps us understand:
  • All the "players" involved in the establishment of BTU Power Company.  
  • We also learn about BTU Power Company's financial and organizational structure.  Moreover:
    • There was a BTU Power Company II at one time - it has ceased to exist since sometime in mid-2007.  
    • There were plans for a third BTU Power Company as well which never came to fruition (all to be documented soon).  
Note: Hale and Dorr, the predecessor to WilmerHale, as well as Maples and Calder have been "involved" since BTU Power Company's "formation" going back to at least 2003.  In WilmerHale's case, they have participated in all aspects of Wael Al-Mazeedi's business ventures.  The last eight (8) years have been very fortuitous for all parties involved. Hale and Dorr (WilmerHale) have been, and continue to be, instrumental in:
  • fund formation
  • corporate structuring and formation
  • debt arrangement (regarding Meiya Power Company)
  • asset disposal (regarding Meiya Power Company)
  • external counsel
  • litigation, litigation, litigation....
  • Others....
The "Principals" (from 2003 and before).
  • Hale and Dorr (US Counsel - principally Dimitri Racklin)
  • Maples and Calder (Cayman Islands Counsel)
  • PricewaterhouseCoopers Securities (principally John M. Sachs) 
  • Henry Tiedemann (BTU Power Principal Financial Officer)
  • Faisal Khan
  • Scotia Capital
  • Others...

Thursday, February 10, 2011

QGEN and WilmerHale: staying close neighbors

Article from citibiz Real Estate "Boston's Commercial Real Estate Insite" posted January 18, 2011
"The three new leases include 16,658 square feet for Marketing and Planning Systems (MaPS) and 13,365 square feet for Wilmer Hale, both at 850 Winter St."
link: Reservoir Woods Achieves 100 Percent Occupancy - Citybizlist Boston

Company Name QGEN, Ltd.
Headquarter 890 Winter St Ste 310
Waltham, MA, 02451-1493
www.qgenenergy.com
Country USA
Phone Number +1.781.314.9900  
linkQGEN, Waltham, MA, Employee Directory, Company Information & Locations

(note: QGEN's got 15,734 square feet - see other posts elsewhere in this blog)

Monday, January 31, 2011

Al-Mazeedi's Lawyer Armada (WilmerHale)

just a small sample of all the lawyers Al-Mazeedi uses when he litigates.  Hale & Dorr (now known as WilmerHale after the merger... or Wilmer Cutler Pickering Hale and Dorr LLP).  Images are from WilmerHale public profiles.


Alycia Goody, James Commodore, Jonathan Golden - former Corporate Counsel for BTU and/or QGEN: background info and their roles in the BTU and/or QGEN "story"

Another work in progress [Note: postings WILL eventually be completed with hyper-links to appropriate references].

James Commodore
Based on publicly available information, James Commodore plays an absolutely critical role in support of some of BTU's (Wael Al-Mazeedi's) litigation against his former employees.
Mr. Commodore authored a very "interesting" affidavit (soon to be included in this blog) supporting Mr. Al-Mazeedi's - BTU's lawsuit against Mr. Betancourt.  Also, although probably not a big issue in itself, it is interesting that the Notary Public present when Mr. Commodore stated that his affidavit was "Sworn to under the pains and penalties of perjury this 14th day of January, 2009." was none other than Ms. Christina Stephens, Mr. Al-Mazeedi's ever-present administrative assistant.


LinkJames Commodore CV from LinkedIn

Jonathan Golden
Also of interest (based on public info.), Jonathan Golden was a lawyer at WilmerHale that worked on BTU's (Wael Al-Mazeedi's) Meiya Power Company transactions and then left or was let go by WilmerHale.  Subsequently, he was hired and worked for BTU for 11 (eleven) months or so until he left or was let go.

LinkJonathan Golden CV from LinkedIn

Meiya Power Company
Mr. Golden's involvement in the BTU sale of Meiya Power to Standard Chartered is mentioned in the "Selected Merger and Acquisition Transaction" section of the following document:

LinkJonathan Golden experience: BTU sale of Meiya Power to Standard Chartered

Alycia Goody 
Alycia Goody may not have even realized this but she is still the Registered Agent of RECORD for BTU Holdings (USA) Inc.

Sunday, January 16, 2011

(READ 3rd) December 7, 2010 U.S. Federal Court decision re: Counter Claim and Third Party Claim by Martin Betancourt against BTU and Wael Al-Mazeedi

From Public Access to Court Electronic Records (PACER) for US Courts  [link: www.pacer.gov]
Full docket text for document 65: Judge Joseph L. Tauro: ORDER entered. After a Scheduling Conference held on 12/7/2010, this court hereby orders that: Plaintiff's Motion to Dismiss Defendant's Amended Counterclaims [53] is DENIED.
BTU (Plaintiff) had filed a motion to dismiss Betancourt's counterclaims (they did not challenge the Federal and State wiretap claims). ALL six claims by Betancourt against Ventures and/or Al Mazeedi are moving forward in US Federal Court and are listed below.
  1. Misrepresentation (Against Ventures and Al Mazeedi)
  2. Wrongful Termination (Against Ventures)
  3. Abuse of Process (Against Ventures and Al Mazeedi)
  4. Intentional Interference With Advantageous Relations (Against Al Mazeedi)
  5. Violation of Massachusetts Wiretap Statute G.L.c.272 Section 99 (Against Ventures and Al Mazeedi)
  6. Violation of Federal Wiretapping Statute 42 U.S.C. Section 2510 et. seq. (Against Ventures and Al Mazeedi)
A link to the entire document filed by Betancourt is included at the bottom of this posting.

Tuesday, December 7, 2010

Al-Mazeedi and WilmerHale (and/or Maples and Calder): presenting the "truth" to US Courts

The English language is tremendously direct, and at the same time very nuanced, so that you can say nothing and appear to be saying a lot at the same time:

BACKGROUND
AL-MAZEEDI
"The Board of Directors has approved, and I am compensated, $440,000 annually..." [1st Al-Mazeedi Affidavit, Paragraph 15(a)]
Wael Al-Mazeedi tells the Court in his affidavit that Al-Mazeedi the "individual" or "shareholder" really doesn't have anything to do with the determination of his compensation:
"... I have not, either in my capacity as an individual or shareholder, taken or caused BTU Holdings to compensate me unreasonably or otherwise." [1st Al-Mazeedi Affidavit, Paragraph 15(c)]
THE COURT
In the MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 in the Hayat litigation the Court establishes that Al-Mazeedi and Oishi are the ONLY directors of BTU Holdings.

  • "Al-Mazeedi and Oishi are the directors of BTU Holdings."
  • "No subsidiary in the BTU Group has an independent board and only Al-Mazeedi and Oishi make policy and substantive decisions."

Entrepreneur of the Year! Based on what? (also, WilmerHale's role in the process)

Wael Al-Mazeedi (BTU Ventures' "Founder and Chief Executive") was selected as Ernst & Young Entrepreneur of the Year in the Energy category for the New England region in 2006.

What the Business World Didn't See re: BTU in 2006
In the lawsuit from IFIC and ASEAN we are provided with details of how BTU's largest and most prominent investment (Meiya Power Company) was "doing" in the time period spanning early to mid 2006. Extracts from the relevant sections follow:
7. In April, 2006 the Fund was in financial distress.  The one-year loan time-period permitted by Desdner was about to expire. Al-Mazeedi's planned third round of equity fund raising, with migration from prior BTU groups' funds, was unsuccessful.  There was no IPO.  In order to buy more time from Dresdner, certain Fund investors then paid in additional equity.  In return, there was an extension of the Dresdner financing for the fund by an additional six months...
8. ...Dresdner noticed an event of default on August 31, 2006...
9. By the early fall of 2006, the financial investment of all the investors in the Fund, including that of Plaintiffs, was completely exposed to ruin by virtue of Al-Mazeedi's operational control of the Fund.  The 50% shareholder interest in MPC had been pledged to Dresdner at the outset of the financing that Al-Mazeedi arranged...

The "zealous advocate" - WilmerHale's commercial role in Meiya

From WilmerHale's own website we have an abbreviated description of their role (besides litigating on behalf of Al-Mazeedi, Oishi, and the BTU group of companies) in the "sale" of Meiya Power Company.
"Represented energy-focused private equity firm BTU Power Management Company in a secured $240 million term credit facility from Standard Chartered Bank in the connection with the acquisition of Chinese electricity generation assets."
Link: Debt Finance | WilmerHale

Note: WilmerHale is involved in every single one of the known lawsuits in the US involving BTU (see section titled "BTU Lawyers").