It was an honor to receive his advice. It is a pleasure to observe him on the witness stand. – Jake Stein
The Court was persuaded by Mr. Barskys testimony that transactions of the nature just described were loans that did not require specific written terms and conditions, and were more akin to being viewed as open accounts, as transfers of monies between the companies. Accordingly, the Court concludes that the accounting treatment of these monies does not amount to willful misconduct of the DST
“I’m not sure anybody could do it like Mr. Barsky did. Mr. Barsky’s tasks included voluminous investigation of these books and records, some of which were produced in dribs and drabs . . . He pursued his investigations, he followed through . . . went backwards and forwards . . . And he was present for many of the days of the trial during when he was not testifying, most of them at my request. And if I were trying this case, which is essentially an accounting case, any time I was questioning or cross-examining a witness on financial statements, I would have had Mr. Barsky in the courtroom probably sitting at counsel table with me because this case was that complex. And I think I described him as the sine qua non* of the plaintiff’s case; and I think he was.
*Absolutely indispensable or essential