Cahn Seeks Court Approval of New Retention Agreement Terms for Boies Schiller

“Exhibit A is the October 31, 2004 retention agreement between
SCO and Boies Schiller. Exhibit B is a new Supplemental Declaration
of Stuart Singer. Exhibit C is the proposed new agreement. And
Exhibit D is Cahn’s proposed order rubber stamping the new fee
structure.

“Note that BSF itself altered the October 31, 2004 agreement
when it asked to be retained as special litigation counsel. The
Stuart Singer Declaration [PDF] in support stated that any
contingency fees paid should be paid only to BSF, not divided
between the Original Three Firms, since it was the only one of the
three original firms still providing services, and that it would be
paid the full 33% minus any hourly fees already paid “at any time
to the Three Original Firms”. The three original firms were BSF,
Kevin McBride and Berger Singerman. Singer said Kevin McBride still
held a 7.5% interest.

“Now, there will be no such reduction for hourly fees already
paid. Considering the enormous amounts already paid to those firms,
that is a huge benefit to Boies, not the estate, by my reckoning
and by Darl’s. I can’t show you the entire transcript of that July
hearing until November 5th, but here’s the part I’m referring to,
on page 208, McBride on the stand:”

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