By Paul Zwier & William Hunt
For Fred Yount, being Hal Molitor’s protege, was getting caught in a downpour of pennies from heaven. By working hard at Hal’s business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had, and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal’s “investment” operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred’s business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred’s severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement.
Yount v. Molitor tests the student’s advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online “microsites.” In this novel case of finance and flirtation, students will discover that there’s nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit.