January 01, 2012

Bass Legal Representation

Scott Mendeloff

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To:          New Client Review Committee

From:     Scott Mendeloff

RE:          Bass Legal Representation

Michael Bass has contacted us and asked us to represent him. I know we are all familiar with the facts given the extensive newspaper coverage of this matter, and so I will not repeat them here. These are my initial thoughts about whether we should take the case, and if so, our strategy.

Economics for Accepting the Case (Assuring Payment)

Bass almost certainly will have to pay for the great bulk of his litigation expenses, with the possible exception of expenses related to the theft of trade secret counterclaim by his former employer, GyneTech, against both him and his current employer, MedaStar. Given the broad-ranging civil, regulatory, and criminal legal problems on the horizon for Bass, a predicate to retention will be: (i) a major initial retainer; (ii) Bass’s agreement in an engagement letter to replenish the retainer whenever it is depleted to a certain level; and (iii) if Bass is indicted, a significantly larger retainer. Bass’s problems occurred during his employment with GyneTech, from which he cannot hope to receive financial help for a defense.

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