Click For Photo: https://regmedia.co.uk/2018/04/26/tired_businessman_shutterstock.jpg?x=1200&y=794
A former VMware veep who claimed tens of millions of dollars from the virtualization company over whistleblower victimisation has lost his legal attempt (PDF) to throw out a $1.5m arbitration award made in his favour.
Dane Smith, a one-time vice president of the Americas at VMware, blew the whistle some years ago on a secret agreement between VMware and Carahsoft that would have overcharged the US government by $75m for its sweet virtualization goodness.
Smith - VMware - Arbitration - Years - Arbitration
Smith then said VMware retaliated and forced him into arbitration. After two years in arbitration mediated by for-profit company JAMS, during which he won $1.57m – comprised of around $300,000 in damages and the rest being made up of legal fees, costs and interest – Smith popped up again in July in the public US courts trying to have his arbitration award thrown out and the case reheard by a proper court.
Why? His lawyer – Patricia Gillette – left halfway through his arbitration case to join JAMS to work in the same office as the arbitration judge hearing his case, William Cahill. Smith felt that his ex-lawyer suddenly becoming professional mates with the judge introduced "evident partiality" against him – in plain English, bias. This bias, he argued, meant the judge awarded him less cash than he was entitled to in law.
Thrust - Appeal - JAMS - Award
That was the thrust of his appeal against the JAMS award, made...
Wake Up To Breaking News!