Cases

Overview

Personal Security and Safety Systems (“PSSI”) developed the “Personal 911 System,” a wireless micro-communication, emergency personal identification, location and response system that allows individuals to summon help from within a defined geographic area (such as a business park, college campus, hospital, gated residential community, or apartment complex). In 1997, Motorola began discussions with PSSI whereby they would provide PSSI with $12 million in equity financing, and in return would receive an initial 25% ownership stake in PSSI and an opportunity to utilize PSSI technology for certain applications. During contract negotiations, Motorola discovered that the Personal 911 System developed by PSSI did not function as originally presented and subsequently retracted from the contract agreement. PSSI sued Motorola claiming that they pulled out of the contract in bad faith. PSSI argued that Motorola’s refusal to continue with the contract directly resulted in their collapse as a company.

The Focal Point’s Role

Through the construction of a detailed and complex interactive Flash timeline, The Focal Point was able to assist the Defense in presenting their case to the Arbitration Association. The timeline incorporated over 300 documents categorized into key case themes, such as customer and product misrepresentation, transactions between Motorola and PSSI, and Motorola’s good faith efforts with respect to the execution of the contract.

Result

The American Arbitration Association decided Motorola was justified in retracting from the contract with PSSI and that Motorola had not engaged in any bad faith activity. As a result, PSSI received no damages from Motorola.

The Focal Point’s Client

Fulbright & JaworskiBrett Govett

Cases