The previous CEO of Highland Capital Administration, James D. Dondero, believes novels written by U.S. Chapter Decide Stacey Jernigan comprises an “evildoer” character primarily based on him. The difficulty is Highland Capital Administration’s chapter is earlier than Decide Jernigan, and Dondero is concerned as a consequence of allegations from a trustee that Dondero tried to keep away from litigation claims by transferring firm belongings.
Dondero sought Decide Jernigan’s removing in an April 4 petition for mandamus. That was ordered unfiled as a result of the earlier chapter attraction was dismissed, he can, nevertheless, file a brand new motion.
However the unique petition lays out Dondero’s argument for why the character of Cole Graham in Jernigan’s books, He Watches All My Paths and Hedging Dying, is predicated on him. As reported by ABA Journal:
In keeping with the petition, the primary novel “describes the ‘high-flying hedge fund managers’ as people that ‘suck up cash like an i-robot vacuum,’ appear to ‘earn money it doesn’t matter what,’ and present ‘outrageous quantities of hubris’ as a part of their ‘bro tradition.’ It strongly suggests a choose harboring bias towards these working within the hedge fund business.”
The petition alleges a number of similarities to Dondero and his firm within the second novel. They embody:
The novel entails a Dallas-based hedge fund referred to as Ranger Capital; Highland Capital Administration was previously often called Ranger Asset Administration.
Ranger Capital’s supervisor is described as a reckless funding supervisor and a “nasty” litigant; Jernigan had used the identical language to explain Dondero within the chapter proceedings.
The novel describes the life settlement business as “creepy;” Dondero was concerned within the life settlement business.
However the choose says Dondero is seeing issues that aren’t there and that her character just isn’t primarily based on him.
Jernigan mentioned her novels are “totally fiction” and “usually are not about Mr. Dondero or the hedge fund business basically.”
The primary novel is a few federal choose who receives demise threats, Jernigan mentioned. The perpetrator just isn’t an individual within the hedge fund business. The second novel entails a manhunt for a prison within the first ebook. The Cade Graham character fakes his demise after linking up with Mexican drug cartels, she mentioned.
As for the Ranger Capital coincidence, Jernigan mentioned she “has by no means as soon as heard” that it was a previous title for Highland Capital Administration.
A Texas writer utilizing a ranger reference doesn’t appear notably unusual to me. However ought to the movement for recusal get refiled, the federal judiciary will weigh in on the matter.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Considering Like A Lawyer. AtL tipsters are the perfect, so please join along with her. Be at liberty to e mail her with any suggestions, questions, or feedback and comply with her on