Michael Trimarco, a former officer of patent holding company Data Treasury Corp., cannot intervene in a lawsuit against Data Treasury and Nassau County District Attorney Kathleen Rice over an alleged “pay to prosecute” scheme.
Trimarco is fighting with Data Treasury over his right to exercise $100 million in stock options. Suffolk Supreme Court Justice Emily Pines (See Profile) ruled last year that he could not exercise the options because he was a “faithless servant” to Data Treasury while serving as its COO, trying to start his own related business without telling Data Treasury (NYLJ, Nov. 5, 2013).
Trimarco’s attorney, Robert Del Col, also represents an inventor, Leftheris Doukas, who sued Data Treasury claiming that he has rights to some of its intellectual property. Del Col and Doukas were indicted by Rice’s office in 2010 for attempting to extort Data Treasury. That case was dismissed on procedural grounds, and they subsequently sued Data Treasury and Rice, alleging that Rice indicted them because Data Treasury officers contributed to her campaign in 2009.
Trimarco sought to intervene as a plaintiff in that case. But Eastern District Judge Margo Brodie ruled on May 7 that his interest in it is “indirect, remote, and speculative.”
She took issue, in particular, with Trimarco’s argument that the case was taking up too much of Del Col’s attention, preventing Del Col from providing effective assistance of counsel in his Trimarco’s case against Data Treasury. Brodie noted that there is no right to effective assistance of counsel in civil cases, and that Trimarco’s remedy would be a malpractice suit or disciplinary complaint against Del Col.
Trimarco brought the motion to intervene pro se.
Data Treasury is represented by Scott Mollen, a partner at Herrick, Feinstein, and by Richard Levine, a partner at Weil, Gotshal & Manges.
The case is Del Col v. Rice, 11-CV-5138.