Tuesday, August 31, 2010

A Fast start.

A day that started with fireworks ended with Frank McCourt practicing his recitation of "I don't recall." Here's a quick rundown of what happened before lunch:

--Frank's attorney made his appearance, introducing himself as "Steve Susman and his assault team," referencing an article referring to him as a litigation assault weapon. (L.A.W. Get it? No, really, do you get it?)

--Minutes later, Susman corrected the way the court reporter recorded the trust meant for the McCourt personal assets. She typed 'Boies'R'Us' rather than 'Boys'R'Us.' Judge Gordon then called Susman an assault team leader and spelling monitor.

--Susman, cross-examining McCourt estate planning attorney Leah Bishop, broke out a document in which Jamie wrote to Bishop, "My fault, I guess, for not having read the post-marital agreement." Oops.

--Letter from Bishop to Jamie, once Jamie ackowledged an understanding of the true effect of the MPA: there are only two tools at your disposal--a civil conversation or a nuclear bomb. "They needed to start talking to each other." Didn't happen.

--Frank had once explained to Bishop that he needed to save the businesses, and in order to do so, he needed to find another interest that would take Jamie out of the office and out of the Dodgers. He was "fine with (her getting the) glory, but not if she really believes it."

--The exchange of the day was when Susman asked Bishop to comment on a hypothetical scenario. Bishop responded, "Are you asking me to speculate?" Susman came back, "Give it a shot." "Objection!" Mike Kump interjected. "Calls for speculation." Judge Gordon: "Overruled." Granted, it happened for evidentiary purposes, but: classic Susman.

Holy cow, I'm only through my morning notes and I said today's recap would be more digestible. More later tonight.
Sent via BlackBerry


  1. From what I've heard today, it was an easy win for team Frank. I'm not liking our chances for a new owner. :(

  2. I took it differently. Frank knew what he was doing, knew the MPA did not say what the parties intended it to say, and backed out of changing it. 55/45 Jamie wins.

  3. Thank you for that. You definitely have it right: the issue of being in 'reaction mode' is probably the biggest downside of allowing the immediate competitive environment dictate your next move.

  4. Thank you for that. you certainly have it right: the difficulty of being in 'reaction mode' is maybe the most important draw back of permitting the immediate competitive atmosphere dictate your next move.