Archive for June, 2012

startups: CBS, Edward R. Morrow, Walter Cronkite, STANDING UP TO BULLIES

 

Well, my Dad did have a very successful start up back in the day. At the time, no one really understood what ‘television’ was.  Sixty years later the internet has defined it, only when the full arc of television is complete- and with CBS, that was then, the internet, this is now. Its a new era, but the same things that made for success then, make for success now, even though we’re still figuring out the ramifications of this new media and how it will ultimately play out.

 

Excellence. Integrity. Truth. Responsibility. Love of Country.

Dad had to be clean as a whistle.  Having been part of World War II in London and Paris, and there on the day they liberated Buchenwald, he also saw the full horrors of one of the major Nazi concentration camps. He was friend and boss of the great journalist Edward R. Morrow, when the love was bold and strong for the United States of America. We had come in and rescued the world, and the pride in the freedoms we fought and died for was cresting. Everyone felt a responsibility for doing the best they could. Dad felt a tremendous responsibility to his country, the USA, and the airwaves.

To compare those days to what is happening in Silicon Valley, its pretty tragic. Except, from afar, for Steve Jobs. The love, the thrill you felt he had for developing Apple products- we don’t know how blessed we are yet. He got it. Lets set a high standard. Let’s inspire. That was Dad and ‘the Tiffany network’. Excellence, in integrity, in quality, in design,in entertainment, in the news- being truthful. Those were the days Edward R. Morrow singlehandedly seemed to bring the McCarthy hearings to a hault- “have you no decency, sir, at long last?”  he said to Mr. McCarthy in a live interview. Someone needs to say that to some of Silicon Valley. But its mob rule in there right now. You’d be lynched.

And then there was Walter Cronkite. When Cronkite went to Vietnam and saw the horror of what was going on there- and when Cronkite spoke up on his live evening news broadcast and said outright that the war was wrong- that was the end of that war.

Lyndon Johnson famously said the next day, ‘if  we’ve lost Walter Cronkite, we’ve lost the nation’.

Who has the moral authority to stand up to anything anymore? Everyone has sold out. As I said, the warnings have been loud and clear. If you try to rock our boat….it isn’t said out loud, but you can see them making that gesture, that says, you will die.

Matthew 12:14

 

make your way sure

See what it says in the Bible first- be sure.

 

 

 

 

 

 

 

 

 

 

 

 

don’t guess!

the defendants continue their ‘bad faith’ efforts to declare bankruptcy: Ross Levinsohn of Yahoo and Paul Allen’s Vulcan Capital

the night before this trial, which has been scheduled for over 2 years, was to begin, the defendants declared bankruptcy in order to stop the trial from going forward. For over 4 years we have been dealing with these spurious legal tactics, originating in the fraud perpetrated against Worddiamonds. They continue their same ‘bad faith’  [intent to decieve] modus operandi. Never straightforward or truthful, here again they attempt to twist the law to suit their own dishonest, dishonorable intention- to deceive quite frankly. Obviously these guys are far from bankrupt!

FOR IMMEDIATE RELEASE: Feb. 25, 2012
Contact: Richard Lavinthal 202-596-1176

Daughter of CBS Founder William S. Paley’s Multi-Million-Dollar
Fraud Allegations Against Three High-Profile Silicon Valley
Venture Capitalists
; Evri, Inc.; and Radar Networks, Inc.; To Begin
Monday, February 27th, In San Mateo Superior Court, Judge Rules

Kate Paley’s Fraud Lawsuit Names Steve Hall, a Managing Director
of Paul Allen’s Vulcan Capital, Which Controls Evri; Ross Levinsohn of Fuse
Capital, and Now Yahoo Inc.’s newly named interim CEO,
and Nova Spivack of Lucid Ventures

Superior Court Judge V. Raymond Swope Denied
Summary Judgment Motions by Hall, Levinsohn,
and Vulcan-Owned Evri, on February 23rd

SAN MATEO, CA (February 25, 2012) – In an open-court rarity a California jury will hear a fraud lawsuit against three high-profile Silicon Valley venture capitalists and two entities alleged to have defrauded CBS founder William S. Paley’s daughter, Kate, of her multi-million investment in a start-up.

Steve Hall, of Vulcan Capital (“Vulcan” at www.Vulcan Capital.com); Vulcan-owned Evri, Inc. (“Evri” at www.Evri.com); Ross Levinsohn, of Fuse Capital (http://fusecapital.com/partners/ross-levinsohn) and recently name interim CEO of Yahoo Inc. Nova Spivack of Radar Networks, Inc. (“Radar”); and Radar transferred assets with the intent to defraud Paley of her rights as a creditor, it is alleged.

Misconduct, self-dealing, and fraud allegations previously sealed will be aired publicly in the trial. Jury selection and opening statements will be scheduled at an initial conference with the San Mateo Superior Court trial assignment department on Monday at 9:30 AM.

(More)

On Thursday the court denied motions by Hall, Levinsohn and Evri to dismiss claims that they transferred assets with the actual intent to defraud Paley of her rights as a creditor to Radar, the now-defunct Silicon Valley start-up.

Paley’s Complaint alleges fraud, fraudulent conveyance, breach of contract and other claims related to her investment in Radar, an early-stage tech company focused on semantic search technology.

According to Paley’s lawsuit, the defendants actively conspired to cheat her out of her investment in Radar by (i) unlawfully converting her from a creditor to a shareholder; (ii) selling Radar’s assets for less than fair value to Evri, a business controlled by Vulcan, Microsoft co-founder Paul Allen’s investment vehicle; and (iii) not sharing any of the sale proceeds with Paley, while each of the defendants received substantial benefits.

Hall, a managing director of Vulcan, was on the board of directors of both Radar and Evri at the time that Evri purchased Radar’s assets for less than fair value. Levinsohn’s venture capital firm profited from the sale, as did he, and Spivack also benefitted from the sale of Radar to Evri, it is alleged. Radar had only three directors, Hall, Levinsohn, and Spivack.

In their motions for summary judgment, Evri, Hall, and Levinsohn denied any misconduct, claiming Paley did not even have standing to sue as a creditor, an argument Judge Swope rejected. In his ruling, Judge Swope determined that the relevant contracts were not ambiguous and held that, as a matter of law, the defendants did not have the right to convert Paley’s loan to equity.

“I’m very pleased with the Court’s decision and look forward to presenting my case starting Monday,” Paley said.

Paley is represented by Mandel Bhandari, LLP in New York City; and Colt/Wallerstein LLP in Redwood Shores, California

Case Caption: Kate Paley and Word Diamonds, LLC v. Radar Networks, Inc., Nova Spivack, Steve Hall, Ross Levinsohn, and Evri Inc., Case No. Civ-494701, California Superior Court in and for the County of San Mateo.

# # #

Attention Credentialed Reporters and Editors: If you are unable to retrieve the Complaint or Thursday court ruling online from the clerk’s office please call PRforLAW, LLC at 202-596-1176. Both documents will be posted on the PRforLAW.com homepage by early Sunday.

Contact: Richard Lavinthal 202-596-1176; PRexpert@PRforLAW.com

the night before the trial was to begin, Ross Levinsohn of Yahoo and Paul Allen of Vulcan Capital declared bankruptcy to stop the trial from going forward. Obviously neither of them is bankrupt monetarily, but perhaps in other ways.

UPDATE: original notice of the trial regarding fraud perpetrated by Ross Levinsohn, Yahoo’s newly named interim CEO, and Steve Hall ( of Paul Allen’s Vulcan Capital). (republished)

the night before this trial, which has been scheduled for over 2 years, was to begin, the defendants declared bankruptcy in order to stop the trial from going forward. For over 4 years we have been dealing with these spurious legal tactics, originating in the fraud perpetrated against Worddiamonds. They continue their same ‘bad faith’  [intent to decieve] modus operandi. Never straightforward or truthful, here again they attempt to twist the law to suit their own dishonest, dishonorable intention- to deceive quite frankly. Obviously these guys are far from bankrupt!

FOR IMMEDIATE RELEASE: Feb. 25, 2012
Contact: Richard Lavinthal 202-596-1176

Daughter of CBS Founder William S. Paley’s Multi-Million-Dollar
Fraud Allegations Against Three High-Profile Silicon Valley
Venture Capitalists
; Evri, Inc.; and Radar Networks, Inc.; To Begin
Monday, February 27th, In San Mateo Superior Court, Judge Rules

Kate Paley’s Fraud Lawsuit Names Steve Hall, a Managing Director
of Paul Allen’s Vulcan Capital, Which Controls Evri; Ross Levinsohn of Fuse
Capital, and Now Yahoo Inc.’s newly named interim CEO,
and Nova Spivack of Lucid Ventures

Superior Court Judge V. Raymond Swope Denied
Summary Judgment Motions by Hall, Levinsohn,
and Vulcan-Owned Evri, on February 23rd

SAN MATEO, CA (February 25, 2012) – In an open-court rarity a California jury will hear a fraud lawsuit against three high-profile Silicon Valley venture capitalists and two entities alleged to have defrauded CBS founder William S. Paley’s daughter, Kate, of her multi-million investment in a start-up.

Steve Hall, of Vulcan Capital (“Vulcan” at www.Vulcan Capital.com); Vulcan-owned Evri, Inc. (“Evri” at www.Evri.com); Ross Levinsohn, of Fuse Capital (http://fusecapital.com/partners/ross-levinsohn) and recently name interim CEO of Yahoo Inc. Nova Spivack of Radar Networks, Inc. (“Radar”); and Radar transferred assets with the intent to defraud Paley of her rights as a creditor, it is alleged.

Misconduct, self-dealing, and fraud allegations previously sealed will be aired publicly in the trial. Jury selection and opening statements will be scheduled at an initial conference with the San Mateo Superior Court trial assignment department on Monday at 9:30 AM.

(More)

On Thursday the court denied motions by Hall, Levinsohn and Evri to dismiss claims that they transferred assets with the actual intent to defraud Paley of her rights as a creditor to Radar, the now-defunct Silicon Valley start-up.

Paley’s Complaint alleges fraud, fraudulent conveyance, breach of contract and other claims related to her investment in Radar, an early-stage tech company focused on semantic search technology.

According to Paley’s lawsuit, the defendants actively conspired to cheat her out of her investment in Radar by (i) unlawfully converting her from a creditor to a shareholder; (ii) selling Radar’s assets for less than fair value to Evri, a business controlled by Vulcan, Microsoft co-founder Paul Allen’s investment vehicle; and (iii) not sharing any of the sale proceeds with Paley, while each of the defendants received substantial benefits.

Hall, a managing director of Vulcan, was on the board of directors of both Radar and Evri at the time that Evri purchased Radar’s assets for less than fair value. Levinsohn’s venture capital firm profited from the sale, as did he, and Spivack also benefitted from the sale of Radar to Evri, it is alleged. Radar had only three directors, Hall, Levinsohn, and Spivack.

In their motions for summary judgment, Evri, Hall, and Levinsohn denied any misconduct, claiming Paley did not even have standing to sue as a creditor, an argument Judge Swope rejected. In his ruling, Judge Swope determined that the relevant contracts were not ambiguous and held that, as a matter of law, the defendants did not have the right to convert Paley’s loan to equity.

“I’m very pleased with the Court’s decision and look forward to presenting my case starting Monday,” Paley said.

Paley is represented by Mandel Bhandari, LLP in New York City; and Colt/Wallerstein LLP in Redwood Shores, California

Case Caption: Kate Paley and Word Diamonds, LLC v. Radar Networks, Inc., Nova Spivack, Steve Hall, Ross Levinsohn, and Evri Inc., Case No. Civ-494701, California Superior Court in and for the County of San Mateo.

# # #

Attention Credentialed Reporters and Editors: If you are unable to retrieve the Complaint or Thursday court ruling online from the clerk’s office please call PRforLAW, LLC at 202-596-1176. Both documents will be posted on the PRforLAW.com homepage by early Sunday.

Contact: Richard Lavinthal 202-596-1176; PRexpert@PRforLAW.com

the night before the trial was to begin, Ross Levinsohn of Yahoo and Paul Allen of Vulcan Capital declared bankruptcy to stop the trial from going forward. Obviously neither of them is bankrupt monetarily, but perhaps in other ways.

Moral Compass: the Heart of the Matter- Ross Levinsohn of Yahoo, Paul Allen’s Vulcan Capital, Bankrupt Morally?

11:27 AM ET

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Prominent atheist blogger converts to Catholicism

Leah Libresco, an atheist blogger, is converting to Catholicism.
By Dan Merica, CNN

Washington (CNN) – She went from atheist to Catholic in just over 1,000 words.

Leah Libresco, who’d been a prominent atheist blogger for the religion website Patheos, announced on her blog this week that after years of debating many “smart Christians,” she has decided to become one herself, and that she has begun the process of converting to Catholicism.

Libresco, who had long blogged under the banner “Unequally Yoked: A geeky atheist picks fights with her Catholic boyfriend,” said that at the heart of her decision were questions of morality and how one finds a moral compass.

“I had one thing that I was most certain of, which is that morality is something we have a duty to,” Libresco told CNN in an interview this week, a small cross dangling from her neck. “And it is external from us. And when push came to shove, that is the belief I wouldn’t let go of. And that is something I can’t prove.”

 

The ability to do something is not the license to do it. But without a moral compass, there are those whose only requisite is ‘can we or can we not get away with it’. That is not a moral compass.

The persistent attempts by the defendants to contort the law to bend it to their own purposes is the same bad faith modus operandi they consider perfectly acceptable. ‘Everyone does it’..? Really?

So you think its alright to declare yourselves bankrupt to stop the trial so that your fraud will not be exposed in public? Obviously you consider that fine, that’s why you are doing it.

the historical perspective- Ross Levinsohn, Paul Allen’s attempts to destroy Worddiamonds-

(stats are for 1/2 day)

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Worddiamonds is a sincere, modest effort to simply publish the Bible in a new way for the internet. It’s truly stunning the lengths the defendants Steve Hall of Paul Allen’s Vulcan Capital, Ross Levinsohn of Yahoo, Nova Spivack et.al. have gone to, to prevent Worddiamonds from being developed and moving forward, even to the extent of having it dismantled, destroying its functionality for some bizarre notion that this would impel us to “freak out and throw more money at it” (Spivack).

This is the company that they stole all the development funds from and tried to publicly blame to cover their own efforts to simply cash in while publicly saving face, by appropriating Radar Networks- which they still own, in the form of Evri, ( although they are trying to force the courts to accept their declarations of bankruptcy.)

BECAUSE THEY THOUGHT THEY COULD GET AWAY WITH IT. We seemed to them so vulnerable and naive- a female president- so guileless, honest, so WEAK..that it would be like swatting away a miniscule ‘obstacle’ as they referred to us.

For  years these men have told us in every way they can think of, that we are worthless, that they could care less, that we are underserving of being treated with any consideration, that they have dignified us by stealing our funds and destroying our website, because it gave them the appearance of making a ‘soft landing’ by their peers, and an opportunity to get a tax write off on an $85 million dollar investment gain of another investment.

That they have value whereas our small company is a blip, so negligible, that their actions are perfectly justifiable as seen from their point of view, and that they will bury us with lawyers, delays, every trick in the legal book, as well as with slander, with that disparaging buzz, along with the multitude of lies with which they seem to believe everyone does business.

.                     .                .              .               .               .                .                .                   .                  .                 .

Is that true? Is this what happens in Silicon Valley? Wasting the courts time and limited budget.. it’s not just Worddiamonds they could care less about… why would an American register one of his yachts in the Cayman Islands? Is tax evasion by one of the richest Americans a good enough reason for fraud, as was perpetrated against Worddiamonds by Paul Allen’s Vulcan Capital just to gain a tax write-off on a capital gain of $85,000,000? It is evidence of this as well as other questionable practices that these defendants are so frightened will come to light. Tax evasion is just the tip of the iceberg.

 

 

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demanding we remove information we never showed? Ross Levinsohn of Yahoo, Paul Allen of Vulcan Capital

We think the defendants like threatening us, as this is all they have ever done-relentlessly- for over 4 years… we never published these exhibits. We understand the defendants do not want to be exposed in public for their fraudulent conveyance, etc.

The mountain of evidence is sky high. They know what they did. They don’t want you to know.
Sirs to accuse us of publishing any of the exhibits you listed here in yet another threatening demand is really shameless. You need to restore all that you stole and damaged.

There are people throughout the world that do like to read the Bible. And why you consider it all right to destroy our modest effort to publish the Bible in a new way is something that everyone who loves and reads the Bible will be interested in. Worddiamonds is a global website appreciated by people all over the world. Why all of you feel this is of no value speaks to your characters, all of you. Although you have tried to squeeze out all monetary gain from Worddiamonds, and more, you have underestimated the value of the Bible- most of all, you have underestimated God.

Try as you might to bury us, you will never be able to forever. The truth will come out.

SOS- Ross Levinsohn of Yahoo and Paul Allen of Vulcan Capital threaten us again

We received more threats today from the defendants Ross Levinsohn and Paul Allen to take off the internet (and out of public view) the briefs we filed in response to Mr. Levinsohn and Mr. Allen’s declaration of bankruptcy.

Mr. Levinsohn and Mr. Allen may be bankrupt, but it’s not monetary bankruptcy, it’s the other kind.

We have been living, or trying to, under their bullying and threats for almost 4 years, beginning with their fraud, destruction of the Worddiamonds website they held hostage, and the most unbelievable unrelenting nastiness which they are doing everything to coverup. But while attempting to cover up, they continue this same bullying and nastiness.

Ross Levinsohn of Yahoo, having finally Vaulted to a Position of Power (republished)

Defendant Ross Levinsohn has resorted to every delay tactic in the book to prevent public exposure of his insider dealings.

For example, Radar Networks declared for bankruptcy on Nov. 2, 2011, yet defendants Hall [Paul Allen’s Vulcan Capital] and Levinsohn waited until February 26, 2012- literally the eve of the trial- to assert bankruptcy claims and delay the suit at the last possible moment.

In an attempt to further disrupt the trial schedule, defendants now claim that after they liquidated Radar Networks and sold it to a company controlled by defendant Hall, they are nonetheless entitled to endemnity as directors and are therefore creditors of the corporation.

Having finally vaulted to his new position atop Yahoo, Mr. Levinsohn is testing this new position of power  by retaining new lawyers to embroil the case of fraud against himself, and others, in even more confusing, circuitous, legal semantics. This is done almost reflexively, as if truth were a concept of so little consequence, compared to his personal ambition and gain, that it could simply be brushed aside, and that there is nothing wrong with doing so. It is not enough to simply not be the initiator of fraudulent activities- if you go along with a fraud you in fact did not initiate, but colluded with- if you did not initiate a fraud but still went along with it- you in fact are as guilty of fraud as the original perpetrator(s).

Mr. Levinsohn’s new filing includes his complaint about having to spend so much money to prevent the trial of his fraudulent activities from going forward!

If successful, Mr. Levinsohn and Mr. Hall will have succeeded in lowering the bar of ethics and contributing to the decay of business standards which is crippling to the foundation of justice and laws needed to sustain a strong economy.

 

Despite defendants efforts, this case cannot be delayed indefinitely, and the true nature of the defendants conduct will eventually be aired before the public, which is nevertheless also on display by this latest filing.

This is not the first time those who have attempted to publish the Bible in a new way, have been persecuted, and many, martyred, as a result. And so it goes.

 

 

 

acting in ‘bad faith’…..Levinsohn of Yahoo, Paul Allen’s Vulcan Capital are not really legally ‘bankrupt’, are they?

bad faith: noun
intent to deceive : the owners have bargained in bad faith.
• (in existentialist philosophy) refusal to confront facts or choices.

bad faith 1) n. intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Most states recognize what is called “implied covenant of good faith and fair dealing” which is breached by acts of bad faith, for which a lawsuit may be brought (filed) for the breach (just as one might sue for breach of contract). The question of bad faith may be raised as a defense to a suit on a contract. 2) adj. when there is bad faith then a transaction is called a “bad faith” contract or “bad faith” offer. (See: good faithfraudclean hands doctrine)

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in bad faith

Fig. without sincerity; with bad or dishonest intent; with duplicity. It appears that you acted in bad faith and didn’t live up to the terms of our agreement.If you do things in bad faith, you’ll get a bad reputation.

See also: bad, faith

 

Legally the defendants are making a ‘bad-faith’ effort to declare bankruptcy- obviously they are far from bankrupt and this is a ploy to again delay or stop the trial from going forward and expose the fraud, ‘insider’ hijinks and so forth. More than that, it is another ‘bad faith’ effort for which these defendants are so desperate to cover up. If it’s no big deal to them, why have they spent almost more on attorneys fees, to keep this from being aired in public, than the amount they stole in their fraudulent conveyance?

Because they committed fraud, which is still frowned upon in some circles.

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