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Don't have to answer until next week but do you have a preference or whether to enclose a note. Don't know which is more of an FU - no letter or a letter. I was going to send on the 29th for arrival on the 30th. The 31st is a Saturday and I don't want to give him any reason to claim that there was a problem on the last payment by not getting it there by the 1st. Thoughts?


Eric D. Schwerin
Rosemont Seneca Partners, LLC
1010 Wisconsin Ave., NW
Suite 705
Washington, DC 20007
(202) 333-1880
eschwerin@rosemontseneca.com
P Consider the environment before printing this email.


Begin forwarded message:

> From: Michael Merley <mmerley@BSFLLP.com>
> Subject: RE: Follow up Lotito v Biden settlement
> Date: December 22, 2011 12:17:58 PM EST
> To: Eric Schwerin <eschwerin@rosemontseneca.com>
> Cc: Nicholas Gravante <NGravante@BSFLLP.com>, Hunter Biden <hbiden@senecaga.com>
>
> Eric,
>
> The agreement does not require a letter to be sent with the check.
>
> If you wish to take a belt-and-suspenders approach, and send a cover note that reminds Lotito that he will not be receiving any more checks, there is no prohibition on doing so. You could write something like: “Pursuant to Section 1.1(iv) of the December 23, 2008 Settlement Agreement and your request to receive payments directly (and not through your prior law firm), please find enclosed the final check in the amount of $5,442.00 in complete satisfaction of the terms of the Settlement Agreement.”
>
> Regards,
> Mike
>
> From: Eric Schwerin [mailto:eschwerin@rosemontseneca.com]
> Sent: Thursday, December 22, 2011 12:01 PM
> To: Michael Merley
> Cc: Nicholas Gravante; Hunter Biden
> Subject: Re: Follow up Lotito v Biden settlement
>
> Mike-
>
> Hope you are well and getting ready for the holidays.
>
> I recall you and I talked a few months back regarding the last check Hunter and Jim owe to Lotito. We are going to send it next week. I can't remember if you said that there was anything else we should do other than send the check (e.g. does there need to be a letter saying that this is the last check?). Doesn't look like it by reading the agreement, but I wasn't sure. Let me know.
>
> Best,
>
> Eric
>
>
>
> Eric D. Schwerin
> Rosemont Seneca Partners, LLC
> 1010 Wisconsin Ave., NW
> Suite 705
> Washington, DC 20007
> (202) 333-1880
> eschwerin@rosemontseneca.com
> P Consider the environment before printing this email.
>
> On Mar 18, 2011, at 12:25 PM, Michael Merley wrote:
>
>
> Eric,
> You and Hunter have done all that the Settlement Agreement requires by sending him the check. If you would like, I can try to call him to follow up on Hunter’s letter.
> Best,
> Mike
>
> Michael M. Merley
> BOIES, SCHILLER & FLEXNER LLP
> 575 Lexington Avenue, 7th Floor
> New York, New York 10022
> Main: (212) 446–2300
> Direct: (212) 446–2338
> Fax: (212) 446–2350
> Email: mmerley@bsfllp.com
> From: Eric Schwerin [mailto:eschwerin@rosemontseneca.com]
> Sent: Thursday, March 17, 2011 2:20 PM
> To: Michael Merley
> Cc: Nicholas Gravante; Hunter Biden
> Subject: Re: Follow up Lotito v Biden settlement
>
> Michael/Nick-
>
> We are not sure if this is anything or not, but Tony Lotito hasn't cashed his settlement check for March.
>
> We Fedexed it to him on Feb. 28th and it was delivered on March 1st (per the FedEx tracking system). Hunter subsequently sent him a letter a week ago (FedExed to the same address) to make sure he received the check and to let us know if he hasn't. The letter has not been delivered because a signature was required and they attempted to deliver it three times and no one was home to sign for it.
>
> As of today, the check has not been cashed and we haven't heard from Lotito. Not sure if there is anything to do - but we of course don't want Hunter and Jim to be accused of being in breach of the agreement.
>
> Let us know your thoughts.
>
> Best,
>
> Eric
>
>
>
> Eric D. Schwerin
> Rosemont Seneca Partners, LLC
> 1010 Wisconsin Ave., NW
> Suite 705
> Washington, DC 20007
> (202) 333-1880
> eschwerin@rosemontseneca.com
> P Consider the environment before printing this email.
>
> On Jul 29, 2010, at 10:02 AM, Michael Merley wrote:
>
>
>
> FYI – Lotito is requesting that he receive settlement payments in wire transfers going forward; however, as you can see below, all he can do is request such payments. We can keep sending regular checks if we so choose.
>
> Michael M. Merley
> BOIES, SCHILLER & FLEXNER LLP
> 575 Lexington Avenue, 7th Floor
> New York, New York 10022
> Main: (212) 446–2300
> Direct: (212) 446–2338
> Fax: (212) 446–2350
> Email: mmerley@bsfllp.com
> From: Anthony Lotito [mailto:tony@anthonylotito.com]
> Sent: Thursday, July 29, 2010 9:18 AM
> To: Michael Merley
> Subject: Re: Follow up Lotito v Biden settlement
>
> Dear Mr. Merley: After carefully reading the section 1.1 iv of the settlement agreement, I agree with your email regarding regular check payments. Therefore, consider it a request and I would prefer a wire transfer. However, of course your client may use any method they choose.
>
> Thank you
>
> Tony Lotito
>
> From: Michael Merley <mmerley@BSFLLP.com>
> To: Anthony Lotito <tony@anthonylotito.com>
> Cc: Nicholas Gravante <NGravante@BSFLLP.com>
> Sent: Wed, July 28, 2010 11:14:33 AM
> Subject: Re: Follow up Lotito v Biden settlement
>
> Mr. Lotito:
>
> I write to clarify one point in your email to Nicholas Gravante, below. As you know, Article 1.2 of the Settlement Agreement allows our clients to make monthly payments by, among other things, regular check. For this reason, we construe your July 27, 2010 email to be your request that our clients send payments directly to you, at the address you have provided, below. I also note that this appears to be the same information you sent to Mr. Gravante and Mr. Wille in your July 19, 2010 letter, which I have attached. Based on your July 19 letter and July 27 email, and Mr. Wille’s July 19 email (also attached), we understand that neither Brian Wille nor Kostelanetz & Fink represent you at this time, and that they have no right or claim to any remaining payments to be made pursuant to the Settlement Agreement; thus, any payments, notices, or other communications to be sent pursuant to Articles 1.2 or 8.6 of the Settlement Agreement will, going forward, be sent directly to you.
>
> Sincerely yours,
> Mike
>
> Michael M. Merley
> BOIES, SCHILLER & FLEXNER LLP
> 575 Lexington Avenue, 7th Floor
> New York, New York 10022
> Main: (212) 446–2300
> Direct: (212) 446–2338
> Fax: (212) 446–2350
> Email: mmerley@bsfllp.com
>
> ----- Original Message -----
> From: Anthony Lotito <tony@anthonylotito.com>
> To: Nicholas Gravante
> Sent: Tue Jul 27 22:13:06 2010
> Subject: Follow up Lotito v Biden settlement
>
> Mr. Gravante: Thank you for taking the time to take my call today and
> discussing the issue at hand regarding Lotito v Biden settlement matters.
>
> As we discussed today, and according to the terms of the settlement agreement,
> Payments are due on the 1st of each month. Assuming the Bidens made their July
> payment the next payment is due August 1st, 2010 and then each month thereafter
> on the first of each month through January 1, 2012.
>
> Below is the address for the delivery of a hard check required in certified
> funds or in the alternative by wire to the bank account designated below.
>
> I trust this will suffice based on today's conversation.
>
> Sincerely,
>
> Anthony Lotito
> 732-977-2416
>
>
>
> Anthony Lotito
> 198 Cherry Tree Lane
> Middletown, NJ 07748
>
> Or if by wire transfer:
>
> Capital One Bank
> HYLAN BLVD, STATEN ISLAND NY
> ANTHONY LOTITO
> Aba # 021407912 Acct# 7166009634
>
>
>
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> The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1]
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>
> The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1]