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Saturday, August 21, 2010

The Devil's Advocate(s)

from Pat Shriver Pat.Shriver@fmjlaw.com
to tony whitcomb expotera.ceo@gmail.com
date Wed, Jun 18, 2008 at 9:41 AM
subject RE: FW: [Fwd: Re: Expotera resolution - Revised]
mailed-by fmjlaw.com

Tony, I honestly have no idea what you mean.

As you know, we've suspended providing any services on behalf of Expotera because of the outstanding amounts due my firm, and even if Expotera's account was brought current, we have not committed to commencing any litigation on Expotera's behalf, and whether our firm agrees to represent Expotera with regard to any litigation claims in the future will depend on Expotera's ability to pay the costs of such litigation (part or all of which would have to be paid in advance), our litigation attorneys' evaluation of the merits and likelihood of success of any such case, and our firm's ability and willingness to take on the case.

We would reserve the right in any case to decline such representation for any reason or no reason, and I can tell you that based upon my conversations with our litigation attorneys to date it is unlikely that we would agree to represent Expotera in any litigation with Implex or Sierra Bravo.

Because we have not agreed to represent you with regard to any claims Expotera may have, you may not rely upon us to take any actions on your behalf.

I am bound by the ethics of my profession to tell you that there may be time limitations that could impact your ability to assert claims against Implex, Sierro Bravo or anyone else, and because our firm is not currently able to advise you regarding any potential claims you may want to contact separate counsel to help you determine the time limits applicable to your case(s) and whether you should prosecute such claims in the near future.

Pat Shriver
Fafinski Mark & Johnson, P.A.
Flagship Corporate Center
775 Prairie Center Drive, Suite 400
Eden Prairie, MN 55344
Phone: 952-224-7285
Fax: 952-995-9577
pat.shriver@fmjlaw.com
www.fmjlaw.com

-----Original Message-----

From: tony whitcomb [mailto:expotera.ceo@gmail.com]
Sent: Tuesday, June 17, 2008 6:11 PM
To: Pat Shriver
Subject: Re: FW: [Fwd: Re: Expotera resolution - Revised]
mailed-by gmail.com


from Barnett, Robert RBarnett@wc.com
to Stac Ming stacy.ming@gmail.com
cc Tony Whitcomb expotera.ceo@gmail.com
date Fri, Jan 22, 2010 at 6:32 PM
subject RE: Expotera
mailed-by wc.com

Thanks for contacting me. I now understand what you are seeking. Unfortunately, because I represent the President on various matters, I cannot intermediate in any way on behalf of third-parties. I hope you understand.

-----Original Message-----

From: Stac Ming mailto:stacy.ming@gmail.com
Sent: Friday, January 22, 2010 4:40 PM
To: Barnett, Robert
Cc: Tony Whitcomb
Subject: Expotera
mailed-by gmail.com


from Barnett, Robert RBarnett@wc.com
to tony whitcomb expotera.ceo@gmail.com
cc stacy.ming@gmail.com
date Tue, Feb 16, 2010 at 6:19 PM
subject RE: Obama Top Contributors
mailed-by wc.com

Mr. Whitcomb:

As I have told your colleagues, I am not involved in these matters
and am not able to help you with this matter.

-----Original Message-----

from tony whitcomb expotera.ceo@gmail.com
to Barnett, Robert rbarnett@wc.com
cc stacy.ming@gmail.com
date Tue, Feb 16, 2010 at 2:00 PM
subject Fwd: Obama Top Contributors
mailed-by gmail.com


from Schutz, Ronald J. RJSchutz@rkmc.com
to tony whitcomb expotera.ceo@gmail.com
cc Stac Ming stacy.ming@gmail.com
date Sat, May 1, 2010 at 4:04 PM
subject RE: Expotera/Canada
mailed-by rkmc.com

Tony:

We admire your passion and intensity. It has obviously served you well over the years.

But as we said in our meeting, although we think you were wronged by Mr. Devaan and his group we are not willing to take on that battle for you for all of the reasons we stated in the meeting (e.g., the inherent difficulty in proving the claim and the likelihood that there would be no money to collect).

I hope you appreciate that we have limited resources and that we have an obligation on behalf of the firm and its employees to invest those resources wisely.

We do not think pursuing this claim on any type of incentive fee arrangement would be a wise use of our resources.

And, even if you had the money to pay us we would advise you to
use the money toward developing your business.

Again, we hope you take your passion and intensity and apply it toward developing your business.

Regards,

Ron

Ronald J. Schutz
Attorney
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402
Direct: (612) 349-8435
Fax: (612) 339-4181
Email: rjschutz@rkmc.com
www.rkmc.com

-----Original Message-----

From: tony whitcomb mailto:expotera.ceo@gmail.com
Sent: Friday, April 30, 2010 6:41 AM
To: Schutz, Ronald J. RJSchutz@rkmc.com
Cc: Stac Ming stacy.ming@gmail.com
Subject: Fwd: Expotera/Canada
mailed-by gmail.com

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