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Opening Arguments

OA273: Sears, Steve Mnuchin & "The Producers"

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.33.7K Ratings

🗓️ 26 April 2019

⏱️ 76 minutes

🧾️ Download transcript

Summary

Today's episode features a deep dive into a just-filed lawsuit by Sears against its CEO, Eddie Lampert, and certain directors, including Treasury Secretary Steven Mnuchin. The lawsuit alleges that Eddie & Steve managed to wreck not one but two long-standing American institutions. How? Why? And what does any of this have to do with one of the best comedies of all time, The Producers? Listen and find out!

We begin, however, with a very brief Andrew Was Wrong malapropism in which he confused a journalist with a philosopher. (There's a comedy setup in there somewhere.)

Then, it's time for the main segment, which breaks down the background on Mnuchin, especially how he teamed up with billionaire Eddie Lampert, and then how the two of them managed to turn less than a billion dollars into full ownership of both Kmart and Sears, each of which had eight-figure valuations at the time. And, as if that wasn't enough, you can find out how Lampert (allegedly) ripped off the public on Mnuchin's watch, all while enriching himself. Drain the Swamp! You'll also learn all about The Producers-style fraud. You can make more money with a flop than with a hit!

After all that, it's time for the glorious return of Thomas Takes the Bar Exam -- this time, featuring guest Monica Miller, who will be joining us for a full-length interview next episode.   TTTBE question #123, however, is a dreaded real property question...will anyone be able to get it right?? 

Appearances

None! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the Sears lawsuit, and here to check out Mnuchin's Wikipedia page.
  2. This page contains a good explanation of Delaware corporate law regarding duty of loyalty.

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Transcript

Click on a timestamp to play from that location

0:00.0

We find the defendants incredibly guilty.

0:19.8

I found this ultimate chicken sandwich on Brio's bond to be guilty of being delicious.

0:31.0

What section of the Constitution has been breached?

0:34.0

There is no one section.

0:37.0

It's just the vibe of the thing.

0:45.0

Objection, Your Honor.

0:46.0

What?

0:47.0

Is leading the witness.

0:48.0

To save.

0:49.0

And break our boat's lawyers.

0:55.0

Welcome to Opening Arguments,

0:56.0

a podcast that pairs an inquisitive interviewer with a real-life lawyer.

0:59.0

This podcast is sponsored by the Law Offices of P. Andrew Torres, LLC for entertainment purposes,

1:05.0

is not intended as legal advice and does not form an attorney-client relationship.

1:09.0

Don't take legal advice from a podcast.

1:18.0

Hello and welcome to Opening Arguments.

1:20.0

This is episode 273.

1:21.0

I'm your host Thomas Smith.

1:23.0

I'm actually the host formerly known as Thomas Smith.

1:25.0

I was killed in a game seven incident between San Jose and Vegas Golden Knights.

1:30.0

My heart left my body and I'm now a different person.

1:33.0

How are you doing, Andrew?

...

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