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    • Mon Nov 10th 16:09 PM | Rating: 0 -1
      Commented on:
      Earnings Preview: Sirius XM Radio
      Just to clear things up this was posted by Micheal Hartleib at Sirius Buzz. If you read it you will see the case that "markbmark" is talking about were the judge said the lawers could not practice in the state for 5 years was well before the case against SIRI. So one has to ask how a judge would even bring up SIRI at that time, almost 2 years before the SIRI case came in.


      hartleib1
      Senior Member


      Join Date: Mar 2008
      Posts: 131 Friday, February 22, 2008
      Judge to California lawyers: Don't come backTriangle Business Journal - by Chris Baysden
      Print Article Email Article Reprints RSS Feeds ShareThis

      : Don't come back [02/22/2008]
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      RALEIGH - North Carolina public companies have one less law firm to worry about when it comes to shareholder lawsuits filed in the state.

      North Carolina Business Court Judge Ben Tennille has barred the San Diego, Calif., firm of Robbins Umeda & Fink from practicing in the state for five years on a pro hac vice basis. The Latin phrase, which means "this time only," allows an out-of-state lawyer to appear in court for a particular trial even though the lawyer isn't licensed in that state.

      The order came as something of a coda to a shareholder lawsuit, Egelhof v. Szulik, filed on behalf of a former Red Hat shareholder against members of the technology company's officers and board of directors.

      Shareholder lawsuits are the bane of many public corporations since there are a host of law firms that specialize in filing them on word of bad news from a company.

      In 2004, Robbins Umeda & Fink represented a plaintiff in a shareholders derivative case involving Chapel Hill-based Pozen. That lawsuit was dismissed in November 2005.

      Press Millen, a Womble Carlyle attorney who helped defend Red Hat's management in the Egelhof v. Szulik case, hopes the victory his side scored will have a positive impact for corporations beyond the case.

      "I think it's pretty serious," Millen says of the sanctions. "It's definitely a warning shot over the bow of out-of-state counsels about filing meritless lawsuits in North Carolina."

      Sanctions against plaintiff
      The order, which was issued Feb. 4, prohibits Robbins Umeda & Fink's lawyers from appearing in the state's courts for five years. It also bars Andrew Egelhof, the plaintiff in the case, from acting as a shareholder derivative plaintiff or a class-action representative in North Carolina litigation for five years.

      The Egelhof v. Szulik complaint, which originally was filed in Wake County Superior Court in 2004, included allegations of insider trading and gross mismanagement at Red Hat. Defendants included Red Hat Chairman Matthew Szulik and board members Marye Anne Fox, former chancellor of North Carolina State University, and retired Army Gen. Hugh Shelton.

      Tennille dismissed the plaintiff's claims in March 2006 due in part to Egelhof's loss of standing as a stockholder. The defendants later asked that they be awarded attorneys' fees. Though that motion was not granted, it prompted Tennille to examine actions taken by the plaintiff and the law firm.

      Tennille asserts that the lawsuit was filed in a "needless rush to court" just 31 days after Red Hat restated its earnings on July 19, 2004. He wrote in his order that the case was filed without an inspection of the company's books and records, and many of the allegations relied on media reports and published analyst opinions.

      Tennille also took exception to Egelhof being the fiduciary standard bearer. According to court documents, Egelhof was a 24-year-old Kansas resident when he responded to an Internet solicitation seeking a plaintiff.

      While he had a degree in business administration, Egelhof had worked in information technology jobs at Kansas State University. His holdings in Red Hat amounted to 28 shares of stock worth $710.50 that he bought in 2004.



      markbmark, Dhaaaa
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    • Mon Nov 10th 15:43 PM | Rating: 0 -1
      Commented on:
      Earnings Preview: Sirius XM Radio
      sl62, that was just my opinion of why some are saying why MS are going to be involved in the financing. Now weather it is a done deal or not or even if it would be apart of this quarterly call, I have not a clue. It is all guess work at this point.

      View article »
    • Mon Nov 10th 14:47 PM | Rating: 0 -1
      Commented on:
      Earnings Preview: Sirius XM Radio
      markbmark, No threat, you were told about your defamation, yet you just did it again. I will be contacting the correct people, I hope they take action, so you can explan your comments about this in court. I hope you can at least tell them the judges name that said that.


      P.S. you dont know anything that is clear. You once again assumed you know something, I dont work for SIRI, XMSR or SIRIXM nor have I ever. I have not worked for the last 4 years num-nuts.
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    • Mon Nov 10th 14:25 PM | Rating: +2 -1
      Commented on:
      Earnings Preview: Sirius XM Radio
      sl62, MS owns about 50 million of the Feb. converts coming due they might be reconverts. That is why people are thinking at this point the MS may have something to do with the refinancing coming up. Remember when I said if SIRIXM were to give GS their reconverts, that then it would take all the worries about the financing off the table because then we would know GS would most likely make sure their investment is secure. This is my opinion but I feel if SIRIXM is giving MS what it wants it is the same thing as giving GS what it wanted, which was to reconvert their Feb. converts at better terms, there by putting massive profits on track for whoever has those old converts reconverted. Just think about this you get a reconvert of old 4 dollar strike price converts to something in the area of 30 or 40 cents converts. What do you think will happen to the PPS when the financing is taken off the table. This is why Mel is pissed at GS because they are directly responsible for the PPS being where it is at (I believe Mel feels that way true or not, that is what he believes), and does not want to reward them for screwing his company.
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    • Mon Nov 10th 12:26 PM | Rating: +1 -2
      Commented on:
      Earnings Preview: Sirius XM Radio
      markbmark, I put this on the last article and incase you missed it there here it is again. There will be a cost to the false defamation of SIRI. You better get your facts straight before you put something up.


      markbmark, You are a blatant lier, I have already told you there was never any judge that said SIRI sued itself. That the case you speak of happened well before the SIRI law suit and so had no mention of SIRI in it. While it is Mike H. opinion that is what happen it is not fact and cannot be backed up by any facts. If you keep putting up lies I will be informing investor relations about the defamation of SIRI you keep putting up. Now I have not seen anything about this from Micheal H. in print, here or anywhere else but maybe when you are being sued you will be able to tell where you are getting your false information and SIRI can then go after him also. Once again this is the last warning I am giving you, if I see you blantantly lie about a judge saying SIRI sued itself again, I will make sure the right people are informed to take action. It is obvious you have no legal council because he would be telling you to not say another word on this matter while there is a ongoing suit.
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    • Mon Nov 10th 12:01 PM | Rating: 0 -2
      Commented on:
      4 Signs for Further Caution by Satellite Radio Investors - Goldman
      shure46, You have to remember that the two companies are now compined and XM was losing more then SIRI at the time of the merger. That for me is one of the reasons the merger will bring much more in savings then many think. It was always confusing to me that how XMSR could be losing more then SIRI when they have always had more subcribers/revenue. Now enter Mel he will do the same thing for the cost cutting at XMSR as he has done at SIRI. This will take some time to see the big changes but will happen.
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    • Sun Nov 9th 08:51 AM | Rating: 0 -2
      Commented on:
      4 Signs for Further Caution by Satellite Radio Investors - Goldman
      P.S. I have no proplem with people putting up their opinions but I draw the line when they try to say their opinion is fact. "markbmark" you should be well aware that just because Micheal H is saying something, it does not make it fact.
      View article »
    • Sun Nov 9th 08:37 AM | Rating: 0 -2
      Commented on:
      4 Signs for Further Caution by Satellite Radio Investors - Goldman
      markbmark, You are a blatant lier, I have already told you there was never any judge that said SIRI sued itself. That the case you speak of happened well before the SIRI law suit and so had no mention of SIRI in it. While it is Mike H. opinion that is what happen it is not fact and cannot be backed up by any facts. If you keep putting up lies I will be informing investor relations about the defamation of SIRI you keep putting up. Now I have not seen anything about this from Micheal H. in print, here or anywhere else but maybe when you are being sued you will be able to tell where you are getting your false information and SIRI can then go after him also. Once again this is the last warning I am giving you, if I see you blantantly lie about a judge saying SIRI sued itself again, I will make sure the right people are informed to take action. It is obvious you have no legal council because he would be telling you to not say another word on this matter while there is a ongoing suit.
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    • Fri Nov 7th 11:19 AM | Rating: 0 0
      Commented on:
      Sirius XM Releases 5-Year Guidance: Aggressive or Conservative?
      cos1000, as you know, I have no problem with dilution as long as it gos to paying off the debt. In my opinion it is ether 6 of one or a half doz. of the other. The point being is the debt is there and always has been there, it is not just going to go away overnite by itself. At this point there is one of 2 ways to take care of it. Both are not good but that is what should have been expected with a new company that needed to incure the large debt it has.
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    • Fri Nov 7th 10:01 AM | Rating: 0 0
      Commented on:
      Sirius XM Releases 5-Year Guidance: Aggressive or Conservative?
      cos1000, I doing well just hanging in there with what I got not buying or selling, until I can get more information on what is going on and forward. I increased my projection from thjinking they would be lucky to get 200,000 net subs to at least 300,000 after that Mel clip. I now will go back to the original thought about them being lucky to get 200,000 net subs this quarter. I do think the metrics will be a little better even with the cost of the merger added in, Due in part to the savings on cutting their advertising and them getting more of it done with them. I hope they give some kind of handle on how the Best of Both is doing. All and all I still think that the 4th Q report is what we all have to wait for (for the rest of you people, I will say it again; HOLY CRAP PEOPLE, IT HAS NOT EVEN BEEN A FULL QUARTER YET SINSE THE MERGER).
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    • Thu Nov 6th 16:05 PM | Rating: 0 0
      Commented on:
      Sirius XM Releases 5-Year Guidance: Aggressive or Conservative?
      Ron the Rocket, You are forgetting the 1.76% monthly churn on 19 million subs, that will eat up more then the net subs from the OEM gross gains. That alone takes out 4 million subs a year. Sorry to bring you down but those are the facts. Look at the bright side as it has been said they are still growing in this economy something I think few if any other companies can say.
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    • Tue Nov 4th 14:53 PM | Rating: 0 0
      Commented on:
      Sirius XM Radio Faces Shareholder Suit
      markbmark, actually the opposite is true of this you said " I could show you a “copper penny” and you would call it “tin”. You don’t believe what you don’t want to believe."

      You are trying to convince people that that piece of tin is a copper penny. You are trying to say because it is the same size of a penny it must be a penny. The fact is we dont just close our eyes and trust what Mike H. puts in our hand is a penny (buy the way Mike also has his eyes closed in this story).
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    • Sun Nov 2nd 13:50 PM | Rating: +1 -1
      Commented on:
      Barrington Stays Positive on Sirius
      cos1000, while I have been saying it for a long time now, about the Feb. converts not being a big deal. I have been one of only a few that felt that way. I think I could count on one hand as to the people like you and homer who have agreed with what I said about it. So for the majority of the investor public, it would be a surprise. It also is what many have been waiting for because they for some reason dont see the reality it or believe Mel when he has stated it many times. Which then gos to them being able to believe Mel the next he says something like the credit due in May will most likely get extended, which I believe Mel will also talk about if he settles and talks about the Feb. converts. That is still all speculation though with little proof on my part. The only thing I really have going to that is all the stock that has been sold to take some of it out.
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    • Sat Nov 1st 11:09 AM | Rating: 0 -1
      Commented on:
      Barrington Stays Positive on Sirius
      siriously depressed, Read the whole comment, it was speculation no real fact to it, just a possible opinion with the now 50 million in shares that were given that they are working on something.

      markbmark, The point the financing deal was terrible can not for fact be blamed on Mel not working on it prior. As an example look at the financing deal Clear Channel had that was supposed to be in the bag. The fact is the financing Mel was supposed to have may have fell apart just like it almost did with Clear Channel.
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    • Fri Oct 31st 16:03 PM | Rating: 0 -1
      Commented on:
      Barrington Stays Positive on Sirius
      markbmark, My point is, once again where you are getting your information from is not reliable. Now this is the second time I have had to tell you this dont tell me you are that dumb that you cant even put 2 and 2 together, to realize what I am saying.
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