EFTA02529453.pdf

From: Richard Kahn < Sent: Thursday, February 8, 2018 6:17 PM To: Jeffrey E. Subject: Fwd: Noam Chomsky Richard Kahn HBRK Associates Inc. 575 =exington Avenue 4th Floor New York, NY 10022 Begin forwarded message: From: =/b>"Kelly, William" < Subject: =/b>Re: Noam =homsky Date: =/b>February 8, 2018 at 12:49:57 PM =ST To: =/b>Richard Kahn < Cc: Sam Bain < <mailto >> Thanks. The folks at Bainco are working on that =ow. On Feb 8, 2018, at 12:38 PM, Richard Kahn < > wrote: i am fine if you can show me the 27k benefit as that is =11 i ask you will agree if not then making whole is making =hole. thx Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor EFTA_R1_01671625 EFTA02529453  New York, NY 10022 On Feb 8, 2018, at 12:27 PM, Kelly, William < > wrote: Rich: I will of course confer with my client but I have to =haracterize this as a step backwards. Your request is inconsistent with =he settlement we discussed. Bill On Feb 8, 2018, at 9:10 AM, Richard Kahn < > wrote: as i am not asking for legal or accounting =ees that were incurred coley to review all the documents that isabel =ent, I suggest you draft a settlement that has the full amount of =estitution and i will agree. otherwise I fear we will be at this for =while... to be clear for full 267,5O0 (allocated so =here are of course no gains to noam) and we will agree. please draft doc for my review thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 On Feb 8, 2018, at 8:55 AM, Kelly, William < > wrote: 2 EFTA_R1_01671626 EFTA02529454  Thanks. I will check with Isabel as to any realized =ains in his publicly traded securities. On Feb 8, 2018, at 8:36 AM, Richard Kahn < > wrote: I will need to check on the tax benefit as i am not =sking for interest on top of the investment... I will need to find out if he had other gains that =ffset the loss unless your client is aware of some =hemselves. Thank you Richard Kahn HBRK Associates Inc. 575 Lexington Avenue 4th Floor New York, NY 10022 On Feb 7, 2018, at 5:01 PM, Kelly, William < > wrote: For Settlement Purposes =nly &nbs=; Dear Rich: Bainco has authorized me to confirm that it will meet your demand with =espect to Noam's investments in private equity partnerships at =ainco. Our understanding is that Noam invested a total of =267,500 (through his revocable trust and his IRA) and received a tax benefit of approximately $27,000 due to realized capital losses, =esulting in a net investment of $240,500. Bainco will pay that =mount to Noam and Noam will relinquish his entire interest in the =rivate equity partnerships (a portion of the settlement amount may be paid through a third party's purchase of Noam =99s interest in the RFID partnerships at his original purchase =rice). The settlement agreement will include mutual releases and =tandard non-disclosure and non-disparagement provisions. Please =onfirm at your earliest convenience and I will prepare the settlement =greement for your review. Regards, Bill <http://www.nixonpeabody.comk William E. Kelly Senior Counsel 3 EFTA_R1_01671627 EFTA02529455  <mailto Nixon Peabody LLP I 100 Summer Street I Boston, MA 02110-2131 nixonpeabody.com <http://www.nixonpeabody.com/> I @NixonPeabodyLLP Please consider the =nvironment before printing this email. This email message and any attachments =re confidential and may be protected by the attorney/client or other =pplicable privileges. The information is intended to be conveyed only to the designated recipient(s) of the message. If =ou are not an intended recipient, please notify the sender immediately =nd delete the message from your email system. Unauthorized use, =issemination, distribution or reproduction of this message by other than the intended recipient is strictly prohibited and =ay be unlawful. Thank you. = 4 EFTA_R1_01671628 EFTA02529456