Legal Question in Business Law in California

Settlement Offer for a well-documented fraud case against our company

Our co. opened at the request of a golf equip mnftr. to sell via d.m. We had done it for 6 yrs working for others w/ a great rep. 1.2 years later, we have ceased sales of this co's equip, and after an extremely well documented case against this co., that they do not deny, we have a solid case that only begins with mis-representation. We have a very good attn, know that litigation is not a great route for us and are hoping to approach this co. with a settlement agreement. They are not going to expect it, yet realize their guilt, and financially we need this approach to be successful. We have enormous evidence, solid witness testimony as well as a fraudulant product example of golf equipment we were asked to sell by our contract through a licensing agreement they have with a very large Jap. co. with a golf division. Our first thought was a well-detailed "report" of all facts re: our claim, that we send to the BOD with the offer of non-disclosure upon pmt, but are now thinking a phone call from our attn. to the Pres. of this co. offering no release of this report. Thought it might be quicker. Please help. The first time out of the box is all we feel we have. Thanks.


Asked on 9/24/00, 2:49 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Settlement Offer for a well-documented fraud case against our company

Your request is a little puzzling. You say yoiu have an excellent attorney, but it sounds as though you're requesting a second opinion on strategy.

Since you are already represented by counsel who is (presumably) well-acquainted with all the facts, it would seem imprudent for an outsider with few facts at his disposal to second-guess.

I suggest that you review your current attorney's credentials and experience in the specific area of law here involved, and if he or she is a little light on experience in business-fraud claims, you might bring in a specialist to assist.

If you are located in Northern California, I would be pleased to offer you a free consultation.

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Answered on 10/23/00, 5:08 pm


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