Strange things indeed happen in Californian courts

A former VMware veep who claimed tens of millions of dollars from the virtualization company over whistleblower victimisation has lost his legal attempt (PDF) to throw out a $1.5m arbitration award made in his favour.

Dane Smith, a one-time vice president of the Americas at VMware, blew the whistle some years ago on a secret agreement between VMware and Carahsoft that would have overcharged the US government by $75m for its sweet virtualization goodness.

Smith then said VMware retaliated and forced him into arbitration.

After two years in arbitration mediated by for-profit company JAMS, during which he won $1.57m – comprised of around $300,000 in damages and the rest being made up of legal fees, costs and interest – Smith popped up again in July in the public US courts trying to have his arbitration award thrown out and the case reheard by a proper court.

His lawyer – Patricia Gillette – left halfway through his arbitration case to join JAMS to work in the same office as the arbitration judge hearing his case, William Cahill.

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