Now that I have your attention

“A well-trained man knows how to answer questions, they reasoned; an educated man knows what questions are worth asking.”

The Beginning

I started up the stairs from the subway station to the street level, but my date was dawdling.  Some years ago at this corner on a sleepy Sunday morning, I had politely corrected a driver for turning right on red.  The driver apologised and claimed to be from New Jersey.  In most areas of the US, a law permits one to turn right at a red stoplight on a two-way street, if you treat the red light as one treats a stop sign.  In New York City, there is no such law, so autos must wait for the light to turn green before turning.

At the bottom of the stairs leading to the street, my companion was talking to someone, or she was looking at something out of my line of vision.  In hindsight, I realise she was probably intentionally dawdling or being delayed to cause me to pause.  As I came to the top of the stairs exiting the subway heading southwest, I looked to my left across Centre Street to the southeast at the Brooklyn Bridge.  On the northeast corner was the old City Hall, the building where Persistence and I had received our wedding license.  Under that building, although I was unable to see them at the time, there was a camera crew filming in my direction.

I turned back around to my right to look back down the stairs for the woman.  As I turned, while glancing west southwest, I saw a plane bank over New Jersey, and appear to head into the World Trade Center (WTC). I then suddenly realised what I had just seen, and quickly turned back to look for the plane.

[insert image from Google Maps]

the stairs

Behind me on the other side of the street, filming over my shoulder in the direction of the banking plane, and the twin towers of the WTC was the camera crew.  In front of me was the World Trade Center.  The camera crew would have film footage of me facing the camera, then turning around while standing in front of the Twin Towers appearing to observe a practice run of 9/11.  The real 911 was to occur less than a week later.

The plane had now turned so it was heading straight for the WTC, and I was standing behind the World Trade Center, so I could no longer see the plane.  However, the camera crew had taken footage that appeared to be the exact angle of footage replayed scores of times on television a few days later.

My date eventually ascended the stairs.  We crossed the street where I then first saw the camera crew under the old City Hall building.  The woman and I then walked to dinner.

The food was terrible, and my date and I did not enjoy each other’s company.  I missed my wife.  After dinner, the woman took the subway home from Brooklyn Heights, and I went for a walk in our old neighbourhood.

Dear Diary

This is an account of my life.  I have related only facts true to the best of my knowledge and belief.  Wherever possible in Alog I have endeavoured to relate facts chronologically.  For purposes of illustration, some facts are not in chronological order, but facts not in chronological order are generally indicated as such.  Facts that are particularly chronologically significant are indicated by date or time.

In the decades this manuscript has evolved, I now realise that had I not made a proper record of many of these people and Events, I would not believe this happened.  Also, had I not gone back and reviewed this document I would not have realised I misunderstood the Events for years after the Events occurred.  I have found my experience to be surreal at times, and, except for two or three occasions, not encouraging.

I suspect readers will find my account to be bizarre and unbelievable.  Thanks to the ability to hanker back to this manuscript, I can see the larger picture.  Had I reached back to these memories relying on only my mind’s recollection, and without the help of this manuscript, I would not be able to persuade the few of you that may find my account believable.

Like a travel writer, I feel as though I am recounting a strange journey for the education and entertainment of my readers.  I thought that others might be interested to know this sort of thing occurs.  I did not believe this sort of thing occurred until I struggled in this contest of ethics, trust, morality, and legality.  If I had read this treatise 20 years ago, I am not certain I would believe me.

However, the people who will find this most believable will be a few, less than a dozen I would guess, who recognise their own experiences in my account below.  One purpose for writing this is so the reader, including other Incubatees, may learn from my encounters, improve on my knowledge, prosper, and do me one better.  “The greatest good you can do for another is not just share your riches, but to reveal to him, his own.”

Choose your Reality

By the following account, I am not asking the reader to determine if every fact I have relayed here is true.  Most importantly, I do not wish to persuade the reader that I am in a position affecting significant outcomes resulting in Events.  I am asking the reader to look at the amount of circumstantial evidence to come to a certain conclusion.

Some of my goals in writing this are to persuade the reader that my basic theories and presumptions are valid, to help others learn from my situation, and learn myself from the writing of this treatise.  I am trying to show that seemingly unrelated Events cannot be explained by luck, chance, or coincidence.  No single piece of information is sufficient to incontrovertibly prove my theories, but there are simply too many interrelated Events, and connected people for the Incubator to be a figment of my imagination.

As explained below, two purposes of the Incubator are to surreptitiously collect information, and to practice surreptitiously collecting information.  Plausible deniability4 is required to make the Incubator function.  If there were concrete, smoking-gun proof of activities, the surreptitiousness would be lost.  If the surreptitiousness is lost, the efficacy of the Incubator is lost.  If the Incubator is not effective, the Actors, Handlers, and Freelancers would cease to use the Incubator.

No person or entity will admit to what is happening because that would prevent continuing the work, and destruction of, what is to some people at least, a useful tool.  However, I hope the following presents enough correlations, seeming coincidences, and apparently chance events that eventually the reader agrees there is concerted influence by determined Actors.

 

Open letter(s)

There is some thought here that a name change would be in order.

Ted Johnson, Esq.
Partner, Corporate Department
Paul, Hastings, Janofsky & Walker, LLP
107-6034
東京都 港区
赤坂1-12-32
34th Fl. Ark Mori Bldg

Dear Mr. Johnson:

This is to confirm the contents of our conversation today, which is further to our conversation of several months ago. I telephoned your office from my mobile phone, and you personally picked up the phone on the second ring. We spoke for 3 minutes, beginning at 17:29 JST on Sunday 17 April 2011. I invited you to speak with me tomorrow, and after hearing your tone, I suggested we do our best to have an amicable conversation.

I explained some ideas, and you treated me as if I were a deer caught in the headlights. I again suggested you call me back tomorrow. When you told me you were busy, I responded that you then had ten minutes to call me back. The time is now 18:08 JST. I have not received your phone call.

Regards,

S. McIntire Allen

Dear Client:

In 1999 I worked on a matter for you as a project attorney for Paul, Hastings, Janofsky & Walker, LLP. Please have a person approach me at dinner tomorrow with a yes or no.

Regards,

S. McIntire Allen

Message received from the two gentlemen when I picked up dinner just now. Unfortunately, I require an audible response. Please have the three people meet me at dinner tomorrow.

Regards,

S. McIntire Allen

Origin Law Office, P.C. Mail – Personal Injury Claim – Australian client

Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
Personal Injury Claim – Australian client
6 messages
OLOUGHLINS – Michael Connelly     14 April 2011 14:19
To: “minamoto@gaiben.jp” <minamoto@gaiben.jp>, “S. McIntire ALLEN” <allen@gaiben.jp>, “steven.mcintire.allen@originlaw.net” <steven.mcintire.allen@originlaw.net>
Dear Mr Allen
Throughout June and July 2010, you may recall that we had some correspondence with one another regarding an Australian client of ours who suffered a motor cycle accident whilst in Japan in 2008. Our client made inquiries through us as to whether he could make a claim in relation to that accident. We contacted you in an attempt to get a handle on the Japanese legal process of making such a claim.
You were kind enough to refer me onto Mr Ryutaro Sano, of Midosujilaw.
I confirm that on your recommendation, we contacted Mr Sano seeking his advice in regard to our client’s options for pursuing compensation for that accident under Japanese law. Mr Sano subsequently provided us with a letter, containing a general and useful overview as requested.
We then requested that Mr Sano provide us with an invoice of his fees for that advice. Mr Sano responded with an e-mail to Ms Jennifer Brook of our firm dated 3 September 2010, a copy of which I attach with this email for your reference.
In that e-mail, Mr Sano indicated that his hourly rate is JPY 33,000, which roughly equates to $AUD405.00. He has requested that we wire the sum of $AUD1,300.00 to his bank account, for his services. We concede that this is a reasonable hourly rate for an experienced solicitor to charge, and paid him that sum.
However, you will note that in his e-mail, Mr Sano also requested that our client deposit the sum of $AUD50,000.00 into his bank account as an “initial payment taking into account the processes we should go through”. Further, he noted that a formula is used to “calculate payment [to him] at the end.”
Whilst it is common in Australia for a law firm to request that a client place sums of money into its trust account in anticipation of potential fees and disbursements, the sum of $AUD50,000.00 seems grossly excessive in the circumstances, or in any circumstance for that matter. At this stage of the matter, our client is still yet to obtain full details from police regarding the accident, or from his doctors regarding
1 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
the extent of his injuries, and therefore is still unsure as to whether there is any merit in pursuing a claim. In any event, it is unlikely that our client has a spare $AUD50,000.00 immediately available to him at this point in time.
In motor vehicle accident claims in Australia, in particular where there is no issue of liability on the insured’s part (as is the case with this client), it is common for the solicitor to charge the client on an hourly basis , but render an account only once the process has settled or been resolved. It is highly unlikely that a solicitor here would request such a large amount of money into trust, well before the matter is underway.
I write to ask your opinion on whether such a request by Mr Sano is standard procedure in Japan for this type of matter. We also request your opinion as to whether you are familiar with such procedure in Japan that is similar or the same as occurs here in Australia, as I have described above, as it would certainly be a more preferable one to our client.
Mr Sano has unfortunately recently advised that he can no longer assist us, as he is now working in a different area of law, and would require a substantial sum to be paid into his trust account (as stated above) if he was to reconsider acting for our client.
If you could recommend another English speaking Japanese solicitor practicing in the personal injury field, and who would consider acting on a basis similar to that as I have described as that which occurs in Australia, it would be most appreciated.
I am sorry to trouble you with this matter again, however we have contacted both the Japanese Consulate in Australia, and attempted to contact the Tokyo Bar Association, without much luck.
Kind regards
Michael Connelly | Associate | O’Loughlins Lawyers Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
2 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
SKMBT_75111041414420.pdf
208K
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>    14 April 2011 15:03
To: OLOUGHLINS – Michael Connelly Mr. Connelly:
Thank you for letting me know. I sincerely apologize for the difficulties you have encountered. May I approach him on your behalf?
Regarding another referral, how about if I handle the matter for you? If I need local counsel, I will hire them as required.
Regards, McIntire Allen
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913 [Quoted text hidden]
OLOUGHLINS – Michael Connelly
To: “ALLEN, Steven McIntire” <steven.mcintire.allen@originlaw.net>
Dear McIntire
Many thanks for your prompt response.
14 April 2011 17:03
If you wish to approach Mr Sano, you are welcome. However, we bear no ill feelings to Mr Sano (or you for your recommendation) – we just considered his request rather excessive, and certainly beyond our client’s means.
Before we engage you, we would greatly appreciate it if we could get your assistance in terms of getting a “ball park” idea of whether it is worth engaging someone to pursue a claim (and, if in your opinion it is, we would like to engage you) to act for us.
By way of more recent background, I attach some correspondence between us and Mr Sano, in the form of annexures to our letter to him dated 1 April 2011. I also attach his e-mail in response, advising that he could no longer act for us.
3 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
As you will see from the correspondence, and by reason of the fact that we are most unfamiliar with the Japanese legal system in respect of this area of law, we are mostly (still) trying to get an idea as to whether there is any point in our client pursuing a claim. Mr Sano’s suggestion to place such a large sum into his trust account would suggest that there is a prospect of receiving a large compensation sum – however to us, this is still very unclear.
Finally, we note from Mr Sano’s attached e-mail of 8 April 2011,that the applicable statute of limitations in personal injury claims is 3 years generally in Japan. Our client’s accident occurred on 8 May 2008, and therefore, if Mr Sano’s advice is correct, and our client does decide to file a claim, then we must act quickly.
I thank you for your assistance once again, and look forward to your response.
Kind regards
Michael Connelly | Associate | O’Loughlins Lawyers
Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
From: ALLEN, Steven McIntire [mailto:steven.mcintire.allen@originlaw.net] Sent: Thursday, 14 April 2011 3:33 PM To: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
[Quoted text hidden] [Quoted text hidden]
———- Forwarded message ———- From: Sano Ryutaro To: OLOUGHLINS – Michael Connelly Date: Fri, 8 Apr 2011 19:15:33 +0930 Subject: Re: Personal Injury Claim – Australian client Dear Michael,
4 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
I just received a message from you. Thank you.
When it comes to the satute of limitation for driving accidents in Japan, the default rule is 3 years, and in particular, 2 years for insurance related payments.
I wish I could be of some assistance to you, but I am afraid I cannot. Please refer to other lawyers. This seems to be an accident to be governed by Japanese laws, I have to outsource my tasks to other Japanese lawyers of my friends if I am retained by your client. I talked to some of my friends but I cannot locate my friend helping in this case assuming we cannot get paid as usual.
I fully understand what you mentioned in your letter as to the fee payments in your country but my friends are traditional Japanese lawyers who cannot handle English language case and who only work based on the retainer agreements common to them. And, it took so much time from the previous contacts to the last letter from you, and we have to review the entire case all over again, which would cost our working time.
As such, I am afraid I cannot start working on this case, and please refer to other lawyers. I am a transactional lawyers with a focus on M&A, and I cannot come up with any appropriate friends at this stage.
Finally, I just got independent. Please use the following contact information hereafter:
Hojo Bldg. 4th Floor, Minamisemba 2-10-30, Chuo-ku, Osaka, 542-0081, Japan Sano Law Office Tel: 06-6121-2547 Fax: 06-6121-2540
Email: ryutarosano@sanoandsano.com
Best regards, Ryutaro Sano 2010年9月23日16:52 OLOUGHLINS – Michael Connelly :
Dear Ryutaro I must apologise for our delay in responding, and in payment of your fees.
I will arrange for our accounts department to deposit the sum of $AUD1,300.00 into your account tomorrow, Friday 24 September 2010.
Please note that we are currently drafting a letter in response to your letter and e-mail to Ms Jennifer Brook of our firm, which we hope to have to you in the coming days.
My apologies for the unintentional delay once again. Kind regards
Michael Connelly Associate ___________________
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +618 8111 4000 F: +618 8111 4099 E: mconnelly@oloughlins.com.au W: www.oloughlins.com.au
5 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as expressly provided by law to the contrary) our entire liability will be limited to resupplying the material.
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Wednesday, 22 September 2010 3:23 PM To: OLOUGHLINS – Jennifer Brook Cc: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
Dear Jennifier, I hope this email finds you well.
This is a reminder for the “reasonable fee” of AUD 1,300. If you need to discuss anything, please let me know.
Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
On Fri, 03 Sep 2010 12:50:36 +0900 佐野隆太郎 <rsano@midosujilaw.gr.jp> wrote:
> Dear Jennifer, > > Thank you for your message. > > And thank you for my fee to date. > > My hourly rate is JPY 33,000 and I spent approximately four hours. > For your convenience, if you could wire AUD 1,300 to the bank account as > designated in the attached, that would be great. > I would be more than happy to send to you a little more formal invoice > or receipt on this. > > For your information, please let me explain about my fee in the event of > the retention. > Frankly speaking, I am employing almost the same rate, which was > established and already abolished by Japanese bar association, as used > for accidents where I represent a Japanese person. > As in the attached chart, we, Japanese attorneys, tend to wish to get > paid one third at the beginning, and the two thirds at the end. > The one at the beginning is just based on the expectation as to economic > benefit the client is likely to be entitled, or on the volume of work we > expect. > I would like ASD 50,000 for this initial payment taking into account the
6 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> processes we should go through. > We use certain formula to calculate the payment at the end. > The attached spreadsheet can tell the last payment, contingent on how > much economic benefit (in Japanese yen) the client is entitled. > Say, if it is 10 million yen, I would get paid 1.18 million yen at the > end. > Or, if it is 3 million yen, I would get paid 480,000 yen at the end. > This type of payment at the end of the case is to be made in addition to > the initial payment. > I am not sure the amount of damage in this case, and I just think I > would like to assist if the client needs assistance. > Needless to say, we can do this on time-charge basis, if the client so > requests. > Either way, actual costs regarding inquiries or registrations will be > borne by the client in addition to my fee, but I presume such costs are > minimal in this case. > > Best regards, > Ryutaro Sano > > On Fri, 3 Sep 2010 10:32:36 +0930 > OLOUGHLINS – Jennifer Brook wrote: > > > Dear Ryutaro, >> > > Thank you for your below email and attachments, which were extremely helpful. >> > > We would be grateful if you could email us your invoice/account for your preliminary advice to date. >> > > We will now take our client’s instructions regarding whether he wishes to pursue one of the three avenues of compensation discussed. We will keep you informed. >> > > >> > > > > > > >> > > > > > > > > > > > > > > >> > > expressly provided by law to the contrary) our entire liability will be limited to resupplying the material.
Kind regards,
Jennifer Brook Associate _________________
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects. >> >>
> > —–Original Message—– > > From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] > > Sent: Friday, 27 August 2010 11:32 PM > > To: OLOUGHLINS – Jennifer Brook
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +61 8 8111 4000 F: +61 8 8111 4099 E: jbrook@oloughlins.com.au W: www.oloughlins.com.au
7 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> > >> > > >> > > >> > > > > > > >> > > > > >> > > >> > > >> > > > > > > > > > > > > >
Subject: Re: Personal Injury Claim – Australian client Dear Jennifer, Attached please find my preliminary comment on this case.
I really appreciate your thoughtfulness as to “reasonable” fee for this comment of mine. Please send such fee by wire transfer to my bank account whose information illustrated in another attachment.
In the event Mr. Brice will retain me, I will send a draft retainer agreement to be signed by him.
I look forward to hearing from you. Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
> > Ryutaro Sano > Attorney-at-Law > Tel: 81-6-6251-7282 > Fax: 81-6-6245-5520 > Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, > Chuo-ku, Osaka, Japan 542-0081
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
8 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
MJC Letter to Sano 1 Apr 11.pdf
1390K
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
To: OLOUGHLINS – Michael Connelly Michael:
I hope you will permit me to write frankly. If not, too late, because here goes.
15 April 2011 01:18
I suspect, although am uncertain, that Mr. Sano does not want the stigma of withdrawing from your matter at this time. Consequently, he has used this work around. I would like to approach Sano regarding this. Do I have your consent to do so?
For future reference, rather than exchange documentation via email, may we do so via Origin’s virtual law office platform? If so, please create an account via the <login> item on the menu on the right side of www.originlaw.net. Please disregard any information about payment at this time.
I could contact an attorney I know, a Mr. Toshifumi Nose, JP Bar Reg. #18818, to find a ball park figure for you. His rates are reasonable, and I wish I had known of him at the time I referred you to Sano. Mr. Nose is my personal counsel.
I suspect pursuing this claim would not be cost effective for your client if the client uses your firm, or a Japanese attorney. I have a proposal. I will find a law student, perhaps graduate level, perhaps undergraduate level. I will employ the student for say, JPY1,000 per hour, and pursue this claim. I will do this work for you for 1/3 of the recovery, minus what the law student charges my firm for an hourly rate. Please let me know if that seems fair or not.
McIntire
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913
[Quoted text hidden]
[Quoted text hidden]
———- Forwarded message ———- From: Sano Ryutaro To: OLOUGHLINS – Michael Connelly Date: Fri, 8 Apr 2011 19:15:33 +0930 Subject: Re: Personal Injury Claim – Australian client Dear Michael,
I just received a message from you. Thank you.
When it comes to the satute of limitation for driving accidents in Japan, the default rule is 3 years, and in particular, 2 years for insurance related payments.
I wish I could be of some assistance to you, but I am afraid I cannot. Please refer to other lawyers. This seems to be an accident to be governed by Japanese laws, I have to outsource my tasks to other Japanese lawyers of my friends if I am retained by your client. I talked to some of my friends but I cannot locate my friend helping in this case assuming we cannot get
9 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
paid as usual. I fully understand what you mentioned in your letter as to the fee payments in your country but my friends are traditional Japanese lawyers who cannot handle English language case and who only work based on the retainer agreements common to them. And, it took so much time from the previous contacts to the last letter from you, and we have to review the entire case all over again, which would cost our working time.
As such, I am afraid I cannot start working on this case, and please refer to other lawyers. I am a transactional lawyers with a focus on M&A, and I cannot come up with any appropriate friends at this stage.
Finally, I just got independent. Please use the following contact information hereafter:
Hojo Bldg. 4th Floor, Minamisemba 2-10-30, Chuo-ku, Osaka, 542-0081, Japan Sano Law Office Tel: 06-6121-2547 Fax: 06-6121-2540
Email: ryutarosano@sanoandsano.com
Best regards, Ryutaro Sano 2010年9月23日16:52 OLOUGHLINS – Michael Connelly :
Dear Ryutaro I must apologise for our delay in responding, and in payment of your fees.
I will arrange for our accounts department to deposit the sum of $AUD1,300.00 into your account tomorrow, Friday 24 September 2010.
Please note that we are currently drafting a letter in response to your letter and e-mail to Ms Jennifer Brook of our firm, which we hope to have to you in the coming days.
My apologies for the unintentional delay once again.
Kind regards
Michael Connelly
Associate ___________________
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +618 8111 4000 F: +618 8111 4099 E: mconnelly@oloughlins.com.au W: www.oloughlins.com.au
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as expressly provided by law to the contrary) our entire liability will be limited to resupplying the material. This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Wednesday, 22 September 2010 3:23 PM
10 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
To: OLOUGHLINS – Jennifer Brook Cc: OLOUGHLINS – Michael Connelly Subject: Re: Personal Injury Claim – Australian client
Dear Jennifier, I hope this email finds you well.
This is a reminder for the “reasonable fee” of AUD 1,300. If you need to discuss anything, please let me know.
Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
On Fri, 03 Sep 2010 12:50:36 +0900 佐野隆太郎 <rsano@midosujilaw.gr.jp> wrote:
> Dear Jennifer, > > Thank you for your message. > > And thank you for my fee to date. > > My hourly rate is JPY 33,000 and I spent approximately four hours. > For your convenience, if you could wire AUD 1,300 to the bank account as > designated in the attached, that would be great. > I would be more than happy to send to you a little more formal invoice > or receipt on this. > > For your information, please let me explain about my fee in the event of > the retention. > Frankly speaking, I am employing almost the same rate, which was > established and already abolished by Japanese bar association, as used > for accidents where I represent a Japanese person. > As in the attached chart, we, Japanese attorneys, tend to wish to get > paid one third at the beginning, and the two thirds at the end. > The one at the beginning is just based on the expectation as to economic > benefit the client is likely to be entitled, or on the volume of work we > expect. > I would like ASD 50,000 for this initial payment taking into account the > processes we should go through. > We use certain formula to calculate the payment at the end. > The attached spreadsheet can tell the last payment, contingent on how > much economic benefit (in Japanese yen) the client is entitled. > Say, if it is 10 million yen, I would get paid 1.18 million yen at the > end. > Or, if it is 3 million yen, I would get paid 480,000 yen at the end. > This type of payment at the end of the case is to be made in addition to > the initial payment.
11 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> I am not sure the amount of damage in this case, and I just think I > would like to assist if the client needs assistance. > Needless to say, we can do this on time-charge basis, if the client so > requests. > Either way, actual costs regarding inquiries or registrations will be > borne by the client in addition to my fee, but I presume such costs are > minimal in this case. > > Best regards, > Ryutaro Sano > > On Fri, 3 Sep 2010 10:32:36 +0930 > OLOUGHLINS – Jennifer Brook wrote: > > > Dear Ryutaro, >> > > Thank you for your below email and attachments, which were extremely helpful. >> > > We would be grateful if you could email us your invoice/account for your preliminary advice to date. >> > > We will now take our client’s instructions regarding whether he wishes to pursue one of the three avenues of compensation discussed. We will keep you informed. >> > > >> > > > > > > >> > > > > > > > > > > > > > > >> > > expressly provided by law to the contrary) our entire liability will be limited to resupplying the material. This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects. >> >> > > > > > > > > > > >> > > >> > > >> > > > >
Kind regards,
Jennifer Brook
Associate _________________
Disclaimer: Any loss/damage incurred using this material is not our responsibility and (save as
Dear Jennifer,
Attached please find my preliminary comment on this case.
O’Loughlins Lawyers Level 2, 99 Frome St Adelaide SA 5000 T: +61 8 8111 4000 F: +61 8 8111 4099 E: jbrook@oloughlins.com.au W: www.oloughlins.com.au
—–Original Message—– From: 佐野隆太郎 [mailto:rsano@midosujilaw.gr.jp] Sent: Friday, 27 August 2010 11:32 PM To: OLOUGHLINS – Jennifer Brook Subject: Re: Personal Injury Claim – Australian client
I really appreciate your thoughtfulness as to “reasonable” fee for this comment of mine. Please send such fee by wire transfer to my bank
12 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
> > >> > > > > >> > > >> > > >> > > > > > > > > > > > > >
account whose information illustrated in another attachment.
In the event Mr. Brice will retain me, I will send a draft retainer agreement to be signed by him.
I look forward to hearing from you. Best regards,
Ryutaro Sano Attorney-at-Law Tel: 81-6-6251-7282 Fax: 81-6-6245-5520 Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, Chuo-ku, Osaka, Japan 542-0081
> > Ryutaro Sano > Attorney-at-Law > Tel: 81-6-6251-7282 > Fax: 81-6-6245-5520 > Osaka Toyoda Bldg 2nd Floor, 4-3-11 Minamisemba, > Chuo-ku, Osaka, Japan 542-0081
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________
OLOUGHLINS – Michael Connelly     15 April 2011 11:59
To: “ALLEN, Steven McIntire” <steven.mcintire.allen@originlaw.net>
McIntire
13 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
Many thanks for your response, once again.
I am currently taking instructions and will respond to you once they are received.
Kind regards Michael Connelly | Associate | O’Loughlins Lawyers
Level 2, 99 Frome Street, Adelaide SA 5000 | T +61 8 8111 4000 | F +61 8 8111 4099 | mconnelly@oloughlins.com.au
GPO Box 2410, Adelaide SA 5000 | Please visit our website: www.oloughlins.com.au
This email and any files transmitted with it are confidential to the intended recipient and may be privileged. We do not guarantee that this material is free from viruses or any other defects.
From: ALLEN, Steven McIntire [mailto:steven.mcintire.allen@originlaw.net] Sent: Friday, 15 April 2011 1:48 AM
[Quoted text hidden]
[Quoted text hidden] [Quoted text hidden]
ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>
19 April 2011 08:05
To: OLOUGHLINS – Michael Connelly , tedjohnson@paulhastings.com Michael:
I have copied Mr. Theodore John Son here. He appears to have a burning interest in pro bono work. Perhaps he could serve?
Teddy Bear:
Are you too busy too retain counsel? If not, have the three people present their business cards to me at tonight’s dinner, and have each of the three people audibly introduce themselves as your representative. Do you agree with the expression: ‘I don’t care what you write about me, just spell my name right’? You have until noon to reply to this email. Stay well.
Regards, Mak your Daddy
S. McIntire ALLEN (源 眞久) Origin Law Offices, Professional Corporation California Bar License #210750 & New York Bar License #2785913
14 of 15    2011/04/19 12:32
Origin Law Office, P.C. Mail – Personal Injury Claim – Austra…    https://mail.google.com/mail/u/0/?ui=2&ik=24fbc10c60&vi…
[Quoted text hidden]
15 of 15    2011/04/19 12:32

20 April 2011 08:24 JST

Dear Ted Air:

Did you miss the post Rutan Redux? Time’s up! What’s it gonna be my nigga, yes or no?

Mak yo daddy no mo

Dear Edward Stokes Johnson Jr – #169665:

I understand you have discovered I have taken your balls. Thanks very much for having a real men leave me a voice mail message because you do not have the cahones. I hope that works for you.

Hugs & kisses,
Mak

ALLEN, Steven McIntire <steven.mcintire.allen@originlaw.net>

JFBA
2 messages


David R. Socher 22 April 2011 10:15
To: jfba@gaiben.jp

Dear Sir,

 

I am a former member of the Dai-Ichi Bengoshi Kai.

 

My gaiben license was active from 2000 to 2004.

 

Can I be a LinkedIn member of JFBA?

 

Thank you,

 

David R. Socher

Attorney at Law

3443 Golden Gate Way, Suite F

Lafayette, CA 94549

Tel: (925) 962-9191

Fax: (925) 962-9199

www.drsocher.com

 

This e-mail message is confidential, is intended only for the named recipient(s) above, and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not a named recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this message in error, please immediately notify the sender by return e-mail and delete this e-mail message from your computer. Thank you.

******************************************************************************************************************************************************************

 


Allen, Steven McIntire <cle@gaiben.jp> 22 April 2011 10:17
To: “David R. Socher”
Cc: jfba@gaiben.jp
No, and be sure and say good morning to Ted. 

Regards,
McIntire Allen

S. McIntire ALLEN (源 眞久)

California Bar License #210750 & New York Bar License #2785913 Not licensed by Japan
Continuing Legal Education (CLE) Coordinator 

Japan Law Society web page membership: LinkedIn Group
[Quoted text hidden]

Dependency Theory redux

After working in Rochester for a year and a half, I enrolled in the State University of New York (SUNY) system, the largest campus94 of the largest comprehensive system of universities, colleges, and community colleges in the world.95 I studied at the University of Buffalo (UB) beginning in 1985.  I lived at 415 Lisbon Avenue.  Besides using my savings from working full-time, I took out more bank loans to return to school.  I took a heavier than normal course load, went to school through the summer of 1985, and graduated a semester early.
At SUNY UB, a Lebanese Arab, Michael Wahibi, was one of my five closest schoolmates.  Another one of the five was Annie Henderson, a Catholic, and we regularly went to Catholic Mass.  I enjoy the peace and serenity of Catholic worship, although I did not take communion.  My understanding was that unless one was a Catholic, one is not to take the symbolic body and blood of Christ.
For sometime I had thought of what to do after graduation, my birthplace in Southeast Asia, and returning to the area.  SUNY Buffalo had a large Asian student population, and I joked with friends about methods to start casual conversations with Asian women on campus.  Singapore, perhaps the most refined place in Southeast Asia, piqued my interest.
I had taken up playing squash in my first two years at college, and I continued to play while at UB.  I met a man, Danish Kumar, who was an awesome squash player.  I often wondered why such a great squash player would waste time hitting with me.  The name Kumar refers to the child of Skanda, the Hindu God of War.96 Danish is a common personal name.97
Mr. Kumar was from Singapore, and we often discussed Singapore.  This further fueled my interest in the city-state.  I told my friends that after I graduated I was thinking about moving to Singapore to see what the place was like.
Also continued from my first two years of college was my major in Political Science.  The least popular required course in Political Science at UB was Empirical Political Science.  The course focused on applying the scientific method to the study of politics.  Topics included statistics, control groups, abstract theoretical ideas, and issues most people found tedious, but I found fascinating.  ‘Geek’ is certainly a word that comes to mind when one considers my interest in this subject.
To some, the course’s professor, Gerald Hoskin, was as dry as the subject, but I found his understated manner, and sarcastic humor to encourage considered, thoughtful examination of political theories and facts.  In the class, I met Wade Benjamin Coye, another one of my five closest schoolmates.  He had a few years on me.  He had served in the military, and worked on the staff of a congress member in D.C. before attending UB.  Later, he also went on to law school, and now owns his own law firm.
In hindsight, meeting Coye was very fortuitous from the perspective of the Incubator’s priorities.  I found Coye particularly entertaining because he asked poignant questions in class.  For example, Prof. Hoskin was discussing the statistical relative poverty of Central America, and Coye asked: In calculating per capita income and other statistics, do the statistics include unreported income?  For instance, are bottle collection, junk collectors, and most importantly, drug exports to the United States calculated in GNP?
Hoskin admired Coye’s ingenuity, but not the spirit in which Coye offered his wisdom.  I tried to hide my smirks, and perhaps I was successful because Hoskin recommended me for an honour’s thesis program.  Hoskin’s focus was on Dependency Theory applied to the Latin American/United States economic relationship.
I had studied Spanish in high school, and found the language a little more challenging than I find American.  My high school Spanish grades reflected my enthusiasm.  This lack of enthusiasm for the Spanish language carried over in college so that I was not interested in pursuing studies of Central and South America.
This was 1985.  I suspect advanced scholars of Dependency Theory clearly recognized that Dependency Theory could also apply to American/OriginSun relations.  Now, twenty years later, dependency theorists can still not package American economic dependency in a palatable form for Americans.
Moreover, there is a historical precedent of economic dependency with another island empire off the coast of America: Great Britain.  “For a century and a half, London’s imperial policies had molded the North American colonies into suppliers of raw materials and consumers of British manufactured goods.”98 The American economic relationship with OriginSun is not unlike North America’s economic relationship with Europe before the last century where Americans produced little, but exported much natural resources.  Indeed, one of the four OriginSun ideograms for America means: “rank next; come after”99.  The OriginSun people who chose that ideogram probably recognized America’s subservient status, a status that America blindly fulfills to this day.
The harsh reality is that the advanced economy, OriginSun, is importing raw materials from, adding value, and exporting processed materials to the dependent economy, the United States.  The advanced economy, OriginSun, is building factories in the dependent country, the US, to exploit a resource of the dependent country: labor.  According to a quote sourced to a OriginSun business executive, “The United States with its highly competitive agricultural sector has by now taken the place of OriginSun’s prewar colonies, supplying agricultural products and raw materials to a superior modern industrial machine”100.  Whatever you do, do not tell the Americans that OriginSun has economically colonized America.
Moreover, were Americans to recognize this dependency, I wonder: can Americans change?  Certainly, America has tried to paternally influence Central America, some might claim patronize their southern neighbors.  In 1986 Hoskin often said, “We have invaded Nicaragua 11 times this century.”
I resisted the professor’s guidance to research Dependency Theory, and wrote a paper on voting habits of social classes in comparative democracies finding, to my surprise, that OriginSun fell within the Western statistical sphere.  In hindsight, I realize if I had been a bit quicker, and willing to follow the Incubator, I would have picked up the clues to write a paper on OriginSun/American dependency.  I graduated in the fifth month of that year, and we invaded Central America a few more times before the century was out.  Dependency theory is as applicable today as it was then.

Vichy Japonais

The Dependency Theory I theorized puts OriginSun in the driver’s seat economically.  However, in the military/industrial realm, America runs the show.  Every time a young OriginSun child looks up in the OriginSun sky and sees a jet flying overhead, insecurity increases.
The American military often has ‘accidents’ at their bases overseas.  One occurred on 03 February 1998 in Italy when an US Air Force fighter jet flew into cable car lines killing 19 civilians.299 On 19 April 1999 the US Air Force killed with an errant bomb.300 There have been many more accidents, and one would naturally expect that there are considerably more that the US military has not had to acknowledge. One example would be the nuclear explosion under the seabed off the northeast coast of Japan in early 2011.
The Occupation of OriginSun by the US Government works on the subconscious of every OriginSun citizen.  Also, there is still no armistice between China and OriginSun.  All parties fear the other no less today than they did in 1945.  The ‘world policeman’ role that America is so proud of fulfilling has engendered no more safety or confidence after 50 years.  Consequently, America looks even more the bully today than when she started policing.
In contrast to most Americans having no idea about the state of war to which Americans subject others, most OriginSun people will not consciously admit the active state of war.  Even something as simple as the lack of a peace accord with China wears on the typical OriginSun person at some level.  The fear of militarization is easily visible if one looks closely at the contemporary psyche of OriginSun people.  American bullying is a commonplace hallmark of American foreign policy. In contrast to most of the world, Americans do not recognize the activity as bullying.
The bullying is not surprising if you accept the Pacific War is not over.  After invading a country, the invading forces occupy the country, the invaded and the invader sign treaties, the war ends, and, if the occupation ends, the soldiers go home.  In OriginSun’s case, the American conquistadores have clearly not gone home, so a rational observer could conclude that the war is not over.
If you do not accept the premise that the “. . . San Francisco Peace Treaty, signed on September 8, 1951, marked the end of the Allied occupation, and subsequent to its coming into force on April 28, 1952, Japan was once again an independent country”301 the ‘Occupation’ is not over.  If you do accept that the Occupation has not ended, then the status quo in OriginSun makes a lot more sense.  OriginSun has a military government that has ruled the country for centuries, perhaps millennia depending on your definition of military, rule, etc.  This method of shadow stewardship has become crippling-ly comfortable.
American protestations like: ‘they want us here,’ or ‘we are protecting them’ are as flimsy when Americans use them in Asia as when Americans used the same excuses with the puppet dictatorships of Latin America.  OriginSun is the Vichy France of the 21st Century.  Vichy France was the name given to the Nazi collaborationist government during the hot era of the conflict Americans call World War II, and Japanese call the Pacific War.  The name Vichy comes from the seat of the French state.302
The public’s and the media’s abilities to accept clearly irrational, illogical and unsubstantiated evidence is well proven.  The weapons of mass destruction that were never found in Iraq is just one example.  What is amazing in the case of the Vichy of the Orient is the many scholars, diplomats and intelligentsia, both foreign and OriginSun, that are willing to turn a blind eye to American fascism.
The OriginSun people’s ability to accept as truth the falsehood of sovereign independence of the OriginSun nation is certainly welcomed by the occupying foreigners who are glad to whitewash the Occupation. In OriginSun, intelligent, educated foreigners delude themselves into complicity to violate the independent rights of sovereign OriginSun people. Caucasian imperialism in OriginSun is even more impressive than elsewhere.  Naturally, among the OriginSun people one often meets sycophants and obsequious hangers-on who have made a living sucking off the American teat.  This is the normal result of any foreign nation militarily occupying another nation for decades.
In the case of the status quo, what seems unique to OriginSun is the thoroughness and duration of the false reality that OriginSun is a politically independent country.  The main cause of this false reality depends on two crucial ingredients.  One ingredient is the OriginSun people’s ability to share realities that conflict with the truth, and the other ingredient is American imperialism.

Courts of law and other Japlish

死は彼を高みへと導いた

Edmund Spenser, poet
c. 1522, London, England to
13 January 1599, London, England
quoted in the OriginSun version of The Kennedy’s

US Patent Agent James Judge, a Caucasian American, owns a patent agency in GrandHill, OriginSun. Victoria Australia Barrister and Solicitor Timothy Fagan, a Caucasian Australian, works for Ogasawara Patent Office(OPO). Both men have OriginSun spouses, and reside in WestoftheGateway. Mr. Shiro Ogasawara (Ogasawara) was an OriginSun patent attorney. Unless otherwise indicated all individuals are believed to be OriginSun citizens with Asian ancestry.

According to Fagan and Judge, Ogasawara had various translation and legal practice entities. OPO’s web page indicates 50 employees at OPO. Fagan told California and New York Attorney Steven McIntire Allen that the total employee count of all Ogasawara corporate and private entities was two or three hundred.

On 08 August 2011 Judge told Allen, an American with European ancestry, that Ogasawara has a subservient younger brother who worked with Ogasawara. According to Judge, Ogasawara’s patent practice involved two, perhaps three entities:

1. Ogasawara Patent Office (OPO) [小笠原特許事務所]

2. A corporate entity 業務法人 = gyomuhojin (GH)

A. Formed about August 2010
B. Mr. Koichi Nakamura(中村 公一)told Judge the GH has unlimited liability for the partners
C. Judge claimed there were three partners in the GH
D. Two of the partners left in early 2011, and the third partner, Ogasawara, is dead

3. IP-Pro KK (IPKK)

A. Formed 2008
B. Ogasawara hired Nakamura to operate IPKK

Primarily three patent attorneys were involved as officers and directors of OPO, the GH and IPKK. They were:

1. Mr. Mutoh:

A. Patent attorney licensed by OriginSun
B. Until 2011:

i. Partner of GH
ii. Vice president of OPO

2. Mr. Suzuki:

A. OriginSun patent attorney
B. Partner of GH until mid 2011

3. Ogasawara:

A. OriginSun patent attorney
B. Believed to be the last remaining partner of the GH until his death in August 2011
C. Judge believed, but was not certain, Ogasawara was the sole owner of IPKK

US Patent Agent Rodney Butler, an American citizen with African ancestry, holds a Juris Doctorate from the University of Baltimore School of Law. Butler was unable to pass an American bar exam after three attempts, the last of which was July 2011. He did not pass the US Patent & Trademark Office (USPTO) Agent’s exam. Butler qualified to become a US Patent Agent because Butler worked the requisite time as a Patent Examiner at the USPTO.

Butler was and is employed by a patent agency, 新ジュー Global. Butler has a substantial following at Panasonic. According to Judge, Butler is frustrated to the point of violence with Mr. Yoshio Miyagawa [宮川 良夫], a senior OriginSun patent attorney and manager at Shinjyu Global.

Darwin Clupper, a Caucasian American, is an Iowa attorney. Besides the Iowa Bar exam, he also passed the USPTO agent’s exam. He works in-house at a pharmaceutical company in GrandHill.

Allen began writing an autobiographical manuscript in 2003. Allen provided Fagan and Judge, among others, with an electronic copy of the manuscript. In early 2011, Allen published a revised version of the manuscript as the B Log.

Judge has said more than once Allen reminds Judge of Judge’s younger brother. On one occasion Allen told Judge, “You are just coasting.” Judge replied: “Yes, but I like coasting.”

Judge’s secretary, Ms. Takami Takesue(竹末 孝美)probably shares Judge’s preference for coasting. Moreover, the authorities will probably not permit Judge a more facilitative secretary than Ms. Takesue. Another example of permissible secretaries was explained to Allen in a 1994 visit to Allen’s first country. Do Aung San Suu Kyi’s ancestors believe she is coasting?

Beginning in 2008, Butler, Fagan, Judge and Allen began meeting at Allen’s suggestion. They met repeatedly, sometimes separately, and at least once as a group. Fagan, Judge and Allen also met with Clupper.

Allen explained Allen wished to set up a US patent search, prosecution and translation practice in GrandHill. Allen suggested, and Butler, Fagan and Judge adamantly agreed, that a practice administrated by foreigners would have the pick of top talent. If one does not permit OriginSun licensed professionals to manage foreign legal professionals, the clients receive better, faster and less expensive translations and patent prosecutions. Allen verbalized to enthusiastic agreement from all but Clupper. Some attorneys have the good sense to shut up.

Allen began to suspect that the others did not believe they needed Allen to setup a US patent prosecution practice in GrandHill. The Administrators made clear that Allen’s only option was to cooperate. IPKK was formed and Ogasawara hired Nakamura to run IPKK. They hired Paul Randall Steffes, Ohio Bar Registration Number 0067967, USPTO Registration Number 43156. Steffes is now at Nagoya International Patent Firm.

When speaking with OriginSun people, Steffes uses his given name instead of his family name. The OriginSun peoples address pets and children by their given names. According to Judge, Steffes was an OriginSun patent firm PosterBoy who could not prosecute patents. Judge explained that Steffes thought the IPKK job would involve checking English and “advising on legal issues” like other jobs Steffes had held.

Besides Panasonic, one example of the sort of clients IPKK, OPO and the GH had or has is Buffalo KK (BKK), a computer peripherals company headquartered in Nagoya. BKK had been sued for infringement and lost at least tens of millions of US dollars, if not hundreds of millions of US dollars, due to the litigation. Judge claims the loss was a “wake up call to Buffalo that US patents matter.” According to Judge, Suzuki brought BKK to Ogasawara as a client.

OriginSun uses the prisoner’s dilemma with resident foreigners. OriginSun attorneys persuade resident attorneys and patent agents that any effort at professional conduct will be defeated. Allen wished to counter this interference by proving business concept viability to Fagan and Judge.

Allen researched, drafted and provided Fagan and Judge with a business plan for Allen’s proposed patent prosecution, search and translation company. Fagan and Judge are not the sharpest tools in the shed. Except for swordsmithing, irony might be the only OriginSun virtue.

On one occasion Fagan and Allen went out for dinner. Without naming the company, Allen asked Fagan if Fagan recalled the name of a company in the autobiographical manuscript Allen had showed him. In the present B Log, that party is not named, but is indicated with a footnote. Fagan’s reply was: “There was a lot in there.” Fagan did not recall the company’s name.

By Judge’s own admission, Judge Patent Associates’ primary source of revenue is from translations rather than prosecutions. About 2009 Allen suggested to Judge that Judge and Allen outsource patent translation, search and prosecution work to Indian translators. Allen suggested US or OriginSun qualified personnel would review the work for accuracy and thoroughness. Judge’s living depends on clients outsourcing translations to a foreigner, i.e. Judge. Ironically, Judge questioned the wisdom of outsourcing to foreigners because Judge doubted foreigners’ ability to provide a quality work product.

Beginning about late 2009, Allen repeatedly stated the importance of the corporate entity to properly administrate law firms, and protect clients. One example of this was a Continuing Legal Education seminar Allen presented in early 2010. Judge told Allen that the GH was formed in 2010.

Shinjyu, Butler’s employer, already has a US patent practice managed by an American in D.C. On Allen’s own initiative, Allen met with two senior managers at Shinjyu to explain Allen’s ideas. The meeting with managers Tatsuzo Higashigawa (not an attorney) and Miyagawa was on 01 February 2010.

In September 2010 Allen incorporated Origin Law Offices as a California professional corporation. In November 2010 Allen registered a translation firm with the GrandHill Legal Affairs Bureau. The name of the firm is: 源事務所. Minamoto is the family name of Allen’s legally registered OriginSun alias. In May 2011 the California Bar approved Origin Law Offices, P.C. to practice law.

At a Continuing Legal Education seminar attended by Fagan and Allen, Allen suggested to Fagan that Allen meet with Ogasawara. Allen explained that, when speaking OriginSun and referring to OriginSun licensed practitioners, Allen intended to use the OriginSun honorific Elder if Allen met with Ogasawara. Allen explained that Ogasawara must use the same honorific when Ogasawara addressed Allen in OriginSun. Fagan balked. Fagan doubted Ogasawara would be capable of politely addressing Allen.

Allen never met Ogasawara. Allen tried telephoning him. To Allen’s knowledge, Allen never spoke to Ogasawara.

In 2010 Allen sent OPO a message via their web form. Allen’s message indicated Allen had some ideas Allen would like to share with OPO. The reply by email was from Ogasawara and stated: “We have our own ideas.”

IPKK was poorly administrated from the beginning. Judge states William “Bill” Lise told Judge that one of IPKK’s mistakes was that IPKK was trying to do all the work in-house. IPKK had about 30 personnel working on translations, 25 of whom were translators. Lise claims OriginSun translation practices must outsource two-thirds of their work to be profitable. When Judge relayed this information to Allen on 08 August 2011, Judge added the work could be outsourced to “maybe Pakistan, India at 3 cents a word, maybe not that bad.” Allen never told Judge Allen visited India in July 2011.

In early 2011, while Allen was gradually publishing the B Log, Allen went to Judge’s office to meet Judge for lunch. In the elevator on the way to the restaurant, Judge complained about OriginSun patent attorneys demanding kickbacks. At lunch, Allen said to Judge: “I think Tim [Fagan] is cutting us off at the knees.” Judge replied: Yea, I suppose I am too. Judge admitted Judge was also cutting Allen out.

Beginning with the publication of the B Log, Ogasawara’s situation collapsed. In quick succession Steffes, Mutoh, Nakamura and Suzuki quit. Judge was given Steffes’ work on a freelance basis. Judge claims Steffes’ prosecution work was not good.

Up to this time, Judge’s freelance work for Ogasawara required Judge to pay a 10% administrative fee to Ogasawara for any work Judge received from Ogasawara. As Ogasawara’s situation crumbled, Ogasawara’s minions told Judge in an email that besides the 10% administrative fee, Judge would also have to pay a 15% kickback to Ogasawara. Judge initially told Ogasawara: no, Judge would not pay the kickback.

Ogasawara’s younger brother was sent to see Judge, and Judge relented to a once per client “docketing and filing fee” of 10% plus the 10% administrative fee. Judge claimed a standard, though technically prohibited US procedure, is to pay about 10% of a USD 800 to 1500 client fee to the firm that refers the client to the practitioner. After relating these facts to Allen, Judge stated: “I hope you don’t tell” the USPTO Office of Enrollment & Discipline.

According to Judge, when Steffes worked as a PosterBoy at Ito International Patent Office (IIPO), the USPTO investigated IIPO for unethical practices such as kickbacks. Judge stated that Steffes was not sufficiently aware of IIPO’s procedures to have knowledge of billing practices. One example of a kickback client is one of the most proficient patent filers in the world. The client forced Judge down to JPY 60,000 per application. Judge bills/ed the client via Ogasawara.

Judge is irked because although the inventor gives Judge the authority to prosecute, Judge cannot properly prosecute patents because of OriginSun practices. Under OriginSun law an inventor can assign a “right to file.” Judge claimed the phrase “right to file” is an OriginSun invention, and he had not heard US agents or attorneys use the phrase. OriginSun patent attorneys are acting as a bottleneck between OriginSun clients and US agents and attorneys. The OriginSun patent attorneys “pretend” to know US law, but do not.

According to Judge, when Ogasawara’s financial fortunes began to crumble in early 2011, about half of Ogasawara’s patent attorneys chose to leave. More people were quitting than being fired. Ogasawara was simultaneously advertising for patent engineers and patent attorneys in a newspaper. According to Judge, patent engineers do the “grunt work.”

On 11 July 2011 Allen received an email from Fagan which read:

Hey there Mak, long time no see. Hope you and the girls are doing well.

Things at Ogasawara are not great – we had a round of layoffs (about 30% of staff were let go). I survived but our company is not looking good anyway. In fact things seem pretty shitty all around in Japan and I’m considering shipping off back to Australia, not immediately but maybe in the near future.

Anyway man, hop you are doing well.

Cheers

Tim

Allen has not contacted Fagan.

Judge notified Allen on 05 August 2011 of Ogasawara’s suicide. Allen had lunch with Judge on Monday 08 August 2011. Allen, exasperated by Judge and the surreal nature of Events, expressed Allen’s frustrations at a restaurant in GrandHill. Judge replied in a loud voice clearly discernible to the restaurant proprietor: “Why don’t you write about it?” Afterwards, Judge and Allen met in Allen’s office.

Since leaving Ogasawara, Nakamura has set up Apex IP Company, a translation entity performing filing support and patent searches. Nakamura was scheduled to meet with Judge later the same day Judge met with Allen. Allen emphatically told Judge that Judge was not to discuss with the others that Judge had discussed with Allen. A few days later, after Butler had not contacted Allen for more than a year, and Allen had made no effort to contact Butler, Butler sent Allen an email. Judge had discussed with Butler.

Origin Law Offices, P.C. (OLO) has been soliciting attorneys for years now. Naturally, firms ought to perform due diligence on OLO & Allen, this project, and Allen’s situation. However, a concern is beginning to grow that the due diligence is becoming an end in itself instead of a means to an end.

The “shadow”b4 wanted to strengthen OLO’s hand by killing Ogasawara. The shadow may wish to prove that those who try to take advantage of OLO and Allen will be punished. Explained under the heading What the Dickens?, Allen has had enough of the killing. However, that explanation did not work, so Allen restated his objection. Ogasawara is evidence that the restated objection was equally unsuccessful.

To stop the killing OLO needs investment: financial and personal. If attorneys want to haggle back and forth, collect more information about Allen and what Allen is doing, understand the plan better, etc., there will be more death. We cannot stop them. We are begging you to help us stop them by investing.