"double gotcha" in court ruling

[Laurence Horn]

Is there really a company called "Old Dictaphone"?  Or is that a
(legal) retronym?  Or just a place-holder for the real name?

lh

At 4:33 PM -0400 8/6/08, Mark Mandel wrote:
>There's nothing unusual about the expression, but I was surprised and
>amused to find it in the text of a legal decision. I've put it in "***
>  ***". The decision is related to the self-destruction of a company
>that bought the company I used to work for
>
>http://www.masslawyersweekly.com/index.cfm/archive/view/id/444306
>Massachusetts Lawyers Weekly - Corporate - In pari delicto doctrine
>
>"[I]t is impossible to ignore the close connection between the wrong
>in which New Dictaphone was a 'player' (fraudulently inducing Old
>Dictaphone into a merger) and the wrong that the claim seeks to
>redress (the failure of Defendants to detect that they were being
>defrauded). Put another way, the fraudulent player is suing the
>defrauded controlling shareholders and directors for negligently (or
>even recklessly) failing to detect the fraud, a ***double gotcha***.
>According to the Trustee, Defendants repeatedly hamstrung the efforts
>of the outside entities it hired to perform due diligence by limiting
>the time and money allotted and ignoring red flags. ... These actions,
>even if wrongful, pale in comparison to the intentional fraud
>perpetrated by L&H (and imputed to New Dictaphone), satisfying the
>first prong of the binary paradigm governing the in pari delicto
>defense.  ...
>
>--
>Mark Mandel
>
>------------------------------------------------------------
>The American Dialect Society - http://www.americandialect.org

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The American Dialect Society - http://www.americandialect.org