Thursday, April 10, 2014

Learn Court Tactics to Stop a Corporate Raider

In writing my novel Stalking the Sky, I wanted to show how top-flight litigation lawyers would wage a court battle to gain advantages in a takeover fight launched by a company named Faranco Inc. for control of Global Universal Airline, America's premier airline. I also wanted to demonstrate how a great lawyer can come up with a brilliant ploy at the last second.

Here's an excerpt:

A small, disheveled figure hurried through the halls of federal court in Manhattan. One hand was trying to shove the remains of a tuna fish sandwich into his mouth. The other held a brief on the motion he was about to argue. Behind him, long legs taking one step to every two of Eli Teicher's, Chris Flynn would have moved faster than her colleague (over whom the blond, blue-eyed woman lawyer towered) were it not for the armful of law books she came close to dropping at each step.

Teicher suddenly stopped, nearly causing Flynn to crash into him. His gaze was transfixed by a large color poster. A jet bomber streaked upward over the close-up of a pilot's head, to intercept words that invited the reader to join the Air Force.

"Take my word for it, Eli, this country is in big trouble if Uncle Sam needs you," Chris Flynn remarked caustically.

Teicher did not react. The brief he carried argued, first, that the law required CAB approval before the takeover could commence; and, second, that Faranco had failed to divulge over thirty million dollars in questionable "sensitive payments" abroad. Teicher raced to the courtroom to find Will Nye already there. He had only one question to ask.

"Does Global Universal supply planes to the government in time of war?"
Will nodded, but before he could speak Teicher hurried away.

Two minutes later Teicher was on the phone dictating a third point to the brief. Within half an hour, just as Judge Metucci was stepping to the bench, Eli Teicher's secretary arrived in the courtroom with the new last pages.

For two hours, Eli Teicher and Sam Friedman slashed at each other's contentions. . . . Teicher's final, unexpected point was the issue of national security. With absolute seriousness he conjured up an image of armed Communist nations advancing against freedom-loving America. "In whose hands should we leave our nation's safety: those of a great war hero, and airline pioneer, or those of a mercenary multinational corporation, whose divided loyalties—profit versus patriotism—may well threaten us all in a time of ultimate crisis?"

Read more: Stalking the

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