Daniel Mendoza Thrillers

Chapter 5

London

Later That Evening

John Davis, a senior associate with the Mendoza law firm, stared at the askew door waiting for his boss, Daniel Mendoza, to enter the office rented by the firm to meet with their client, Roderick Bailey. Daniel was uncharacteristically late about an hour or so. Seated next to him was Robin Blake, another attorney from the firm. Robin was awkwardly making small talk with Roderick to pass the time and also asking him some general questions about the case.

John checked his cellphone once more to determine if Daniel responded to his latest text message. There was no response. Neither had Daniel returned his numerous calls. Surely, Daniel was aware of the client meeting because John told him about it when they spoke shortly after the plane landed at Heathrow airport.

Anxious, yet confident, John stated, “Mr. Bailey, I apologize but we can begin without Mr. Mendoza. He’s running a little late. Once he arrives, he will take over the session. I hope you don’t mind.”

With a perturbed look, Roderick half-smiled and replied, “Sure. I’m fine with that.”

He then pulled down his shirt as a sign he was ready to begin the briefing session. John watched the awkward ritual. Once he sensed Roderick was ready, John began.

“Mr. Bailey, I understand that some time in 1996 or 1997, Analysis, Inc. entered in a technology transfer agreement with the patent holders and then entered into a licensing agreement with its sister company, A.C.T., related to technical information for a chemotherapy d**g originally discovered by….”

John searched his legal pad filled with handwritten notes for the professor’s name, frantically flipping the pages and looking at any sticky notes attached. Despite his valiant efforts, he couldn’t locate the name.

Robin tapped his shoulder and interjected, “I believe it was Professor Farrokh Shirvani.”

“Yes, Professor… Dr. Shirvani,” Roderick confirmed as he glanced towards Robin with a sense of relief.

“Now as President and CEO of Analysis were you aware if the company earned any royalties from the chemotherapy d**g before it was licensed to its sister company?” John’s question was geared towards understanding if there were unearned profits retained by their client. Any such profits should have been distributed to the patent holders and would be the subject of the current lawsuit.

“No, no, no. That’s not how it works. Analysis, Inc. doesn’t license any patents. We merely invest in patents and obtain rights from our clients. A.C.T. does that. A.C.T. markets the patents to pharmaceutical companies interested in selling the d**g. Analysis serves as an accountant and pays out the royalties. So we don’t earn royalties for ourselves. We just receive a monthly fee to facilitate payment of the royalties to the interested parties,” Roderick explained with an undertone of frustration.

“I see,” John reluctantly admitted. “My understanding is that the general counsel for A.C.T., Nicholas Decker, testified at his deposition last month that most of the royalties earned for the chemotherapy d**g were transferred to other parties, including the inventor, Dr. Shirvani, the University of Minnesota, and the two mining companies that contributed to the d**g’s invention.”

“That’s correct. Analysis paid those entities including A.C.T. We… I mean A.C.T., did not receive any profits it wasn’t entitled to. Neither did A.C.T. sell the d**g’s technical information,” Roderick confidently reported.

“Excuse me,” Robin said as she looked towards John for approval. He nodded. “Jackson Matthews, one of the mining companies, also alleges that A.C.T. failed to pay it royalties for the chemotherapy d**g it developed.”

“I assure you as I assured Mr. Mendoza that Analysis did not underpay royalties to Jackson Matthews or anyone else for that matter. I know they claim we only paid them half their royalty payment but that’s just not true. The d**g was not profitable for nearly a decade. It wasn’t earning nearly as much money as they claim. A.C.T. did the best to market it when we first obtained the patent, but once clinical trials ended, then it really took off. Doctors were more willing to prescribe it. We made money, of course. But so did Jackson Matthews and the other mining company. They can’t deny that.”

Mr. Bailey"s voice was exasperated. As he was about to continue, Daniel Mendoza hurriedly entered the office. His suit jacket was held tightly underneath his left arm while he held his briefcase in his right hand.

“I’m so sorry, Rod. I apologize. I lost track of time. I had another client meeting in Kensington. I’m so sorry. I hope Robin and John have taken care of you in my absence. John…Robin.”

Daniel nodded to his associates as he sat down next to them.

“Yes, they did,” Roderick acknowledged.

Daniel immediately recognized that Roderick was perturbed due to the late arrival. Nevertheless, Daniel wanted to get to the point so he could focus on the next day’s legal activities.

“Rod, as you know, we’re in London because Dr. Shirvani’s deposition is tomorrow. You’ve met Dr. Shirvani. Haven’t you?”

“Yes, years ago when he first invented the drug.”

“I’m glad that you came for the deposition. You didn’t have to. Your presence here will assist my legal team. We appreciate that. Robin and John, I presume, have asked you questions about his background and his affiliations. We have several other depositions this week including ones from the foundation and the cancer center. I hope you booked an extended stay,” Daniel asked as he finally became comfortable with his surroundings.

“Oh, I did. I’m here the entire time,” Roderick assured Daniel.

“It’s up to you if you want to attend all of the depositions or just some. But the most important one is Dr. Shirvani. He’s Jackson Matthews’ key witness in London. The other depositions are fact witnesses for background just because the parties are here. We can save travel expenses by doing them all at once.”

John and Robin looked on as Daniel took charge of the meeting. It took the burden off of them. Rightfully so. Their role was more supportive. At least that was what Daniel promised them.

“How long will his deposition be? I hope to get in some … well… some sightseeing. I brought my family with me too,” Roderick sheepishly inquired. He"d been in London before but traveled to the depositions to avoid the extreme summer heat of Tucson, Arizona. Daniel couldn’t blame him for that. The depositions were perfectly timed.

“I can’t accurately predict how long the deposition will be. Jackson Matthews scheduled Dr. Shirvani’s deposition. I didn’t. I don’t know how many questions their attorney will have for him. I will have my questions and I presume the other mining company’s… Pluto Mining’s… attorney will want to ask him questions as well. So count on anywhere from six to eight hours. Maybe more,” Daniel answered.

“Really?”

Roderick was clearly disappointed.

“But as Daniel said, you’re not required to attend. If you prefer to leave the deposition early for whatever reason, that’s fine,” John interjected.

Pleased with that response, Roderick grinned.

“Good. Good. I’ll see you tomorrow then.”

He rose from the table, shook all three attorneys’ hands, and promptly left the office.

“I’m sorry guys. Thanks for covering this for me,” Daniel said expressing his appreciation. “I owe you guys one.”

“And we’re going to collect,” Robin laughed as she spoke.

“Yeah, you promised the firm will pay for… you know… our excursions,” John insisted as he glanced at Robin for support of his blackmail attempt.

“Of course. They’re on the house,” Daniel agreed. “Too bad those expenses will be deducted from the firm’s revenue for purposes of calculating bonuses.”

Daniel grinned at his explanation after seeing their jaws drop.