shboomer / Re: l2007s / Re: Alternative Fee Structure for TPL's othe
posted on
Sep 12, 2012 10:03PM
I tend to agree. Unless these lawyers are just generally cheaper for the same work, ie. $300/hr instead of $400/hr guys, any "alternative structure" seems as though it would put them at a disadvantage and thus would be done in exchange for some larger piece of the pie or incentive later. I assume if it's a pure contingency deal, then definitely, that would seem to carry with it a higher fee as a reward for the risk taken.
As you point out, with the caveat we don't have details as to how exactly the disbursements of license revenues went from PDS, the original agreements call for 15% off the top to TPL, and 3rd party legal fees to be reimbursed. In that simplified analysis, it would suggest as I pointed out in a previous post that of the $66M expenses, $47M or so went to TPL, leaving $19M or so to the 3rd party lawyers and others reimbursed fees.
If the 15% still applies, and/or has simply been transferred to Alliacense (I'm not clear from the 8K filing how the new arrangement handles this, nor do I believe anyone else has said they are) then any contingency basis arrangement may indeed leave LESS for the PDS partners to split up, if it results in MORE fees going to the lawyers off the top.
Considering the volatile relationship of TPL and PTSC, and the shenanigans that have been played, I certainly EXPECT that the new arrangement will result in MORE expenses to PDS, if indeed there is a successful licensing program that occurs from here into the future. The cynic in me totally expects that the next $312M in license fee will result in HIGHER expeneses than the first $312M and thus will result in LESS net revenue making it to PTSC.
I'd certainly appreciate more clarity and transparency from PTSC on the new arrangements, and perhaps it's in what's already been issued, as I admit I haven't studied it anywhere near what I have the original agreement. As you say, since the precedent was set with the original agreements, it seems it would be proper to clarify how these new agreements differ from the old. If the info is actually there and has been digested by anyone, I'm sure we'd all appreciate the update on this.
It would be interesting to know if the TPL 15% still is in play at all, or if it will now be 15% off the top to Alliacense instead (still goes to TPL, but hopefully not duplicative), or if Alliacense gets paid for their work at agreed to hourly rates without at 15% max limit, or if there is some other breakdown.
If anyone has discerned this from the 8-K filing, TIA for any info you would provide.