S C H W A R T Z AND N Y S T R O M, L.L.C.
419 BOYLSTON STREET, SUITE 801
BOSTON, MASSACHUSETTS 02116-3314
FACSIMILE: (617) 421-1810
March 22, 2001
By Facsimile and Email
Philip R. Olenick, Esq.
101 Tremont Street, Suite 801
Boston, MA 02108
|Re:||Silverstein v. Microsystems Software, Inc. et al.,|
Civ. No. 00-3893 (Middlesex Super. Ct.)
I am truly sorry that Bill Silverstein was not in the courtroom yesterday to witness Judge Zobel thoroughly spank almost every aspect the above-referenced case as well as your appeal of Judge Sosman's decision in the previous case. I lost count of the number of times Judge Zobel bluntly said that your client's position was "wrong" or "not the law". I can't fathom the humiliation of over and over having to admit that you know of no case that supports your positions.
Phil, there is just nothing actionable about any of this other than the fact that Mr. Silverstein has appealed Judge Sosman's order and then filed this action. In my opinion, both of those things make him liable under G.L. c.231, §6(f) and, perhaps, Mass. R. Civ. P. 11. If you haven't thought about that you should. Indeed, I believe that Mr. Silverstein is a deeply troubled person, who is better off spending his money on counseling than on your pursuit of these frivolous theories. It is your ethical duty to tell him so and, if you haven't, shame on you.
All that being said, Phil, I believe that I can convince my clients to agree to full and complete mutual releases, including dismissals of the appeal and superior court action, if Mr. Silverstein agrees to apologize to my clients and their officers for his misrepresentations about them and prominently post that apology on his website for at least one year. Please contact me at your earliest convenience to discuss this possible settlement. I am providing this to you by email so you can forward it to Mr. Silverstein.
Irwin B. Schwartz