The author is senior counsel with Holland & Knight LLP, Washington, DC.
To: Firm MedaStar Working Group
From: John Irving
Re: MedaStar—Initial Thoughts and Plan
How does one go about convincing a corporate client to extricate itself quickly from the rehiring of a competitor’s radioactive former employee and executive who not only is the likely target of a federal criminal investigation involving health-care fraud, false statements, and obstruction of justice, but also the possible target of a state-level murder investigation? How does one convince the client to distance itself from someone who had the foresight to file a civil breach-of-contract action against his former employer—a lawsuit that already has resulted in a counterclaim against the client? How does one convince the client that it wants no part of—let alone control over—its soon-to-be-bankrupt competitor because that control will attract the U.S. Attorney’s attention, poor publicity, and potential successor liability issues if the client’s takeover efforts are successful? In short, how does one convince MedaStar to throw Michael Bass to the wind and steer clear of the obvious implosion that is coming to both him and GyneTech?