Finjan Holdings Inc (FNJN)

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The Magistrate Judge's standing order regarding settlement conferences followed by my commentary:

SETTLEMENT CONFERENCE STANDING ORDER
MAGISTRATE JUDGE SUSAN VAN KEULEN
SCHEDULING
To coordinate scheduling, please contact courtroom deputy Oscar Rivera at
[e-mail] or [phone]. Settlement conferences typically are held
on Wednesdays and Fridays at 9:30 a.m.
A settlement conference may be continued only for a compelling reason. The party seeking to
continue a settlement conference must first meet and confer with opposing counsel and then
promptly file a request in ECF. The request must demonstrate the compelling reason for the
continuance and state whether any party objects to the continuance. Any party that objects to the
continuance must file an opposition in ECF within two days of the filing date of the request for the
continuance.
If the case settles before the settlement conference takes place, the parties must inform courtroom
deputy Oscar Rivera immediately.
PERSONS REQUIRED TO ATTEND SETTLEMENT CONFERENCE
All parties and their counsel are required to attend the settlement conference in person, not by
telephone. Non-natural persons must be represented by a person with unlimited authority to
negotiate a settlement. An insured party must appear with a representative of the carrier with full
authority to negotiate up to the limits of coverage. A person who must call another person not
present at the conference before agreeing to a settlement does not have unlimited authority.
SETTLEMENT CONFERENCE STATEMENT
No later than seven days prior to the conference, the parties must send the following statements in
text-searchable PDF format to Judge van Keulen’s chambers at [e-mail] and
deliver hard copies to chambers. The statements must not be filed in ECF.
1. A joint settlement conference statement. The joint settlement conference statement must
include:
(a) the identity of the attorney(s) and clients attending the settlement conference;
(b) a brief statement of the facts of the case;
(c) a brief statement of the claims and defenses raised, including statutory or other grounds
upon which the claims are founded;
(d) a bullet-point summary of the proceedings to date;
(e) a list of all pending motions;
(f) the relief sought; and
(g) the parties’ positions on settlement exchanged as of the date of the joint statement,
including a history of settlement discussions and the present demands and offers.

2. A confidential addendum to the joint statement. The confidential addendum is not to be
served on any other party and must include:
(a) a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses;
and
(b) a brief description of the major issues in dispute and any discrete issue that, if resolved,
would facilitate the resolution of the case.

"Settlement conferences typically are held on Wednesdays and Fridays at 9:30 a.m."

This is scheduled for Tuesday the 12th. Very important to understand this isn't a formality or a routine administrative matter. This was "(SPECIAL SET)" as an exact quote from the filing.

"Confidential settlement statements due 12/1/2017 by 12:00 PM."

No way they set a conference this quickly with statements due already this Friday unless there is an agreement in principle and they are just getting it in writing.

Here is why BOTH sides want the settlement before the German court can make a ruling:

1) If Finjan prevails and gets an injunction, Finjan shareholders would balk at an $80M - $100M settlement and think it should have been much more.

2) If Blue Coat prevails and there is no injunction or a very limited one, Symantec shareholders would be upset with a settlement of this size.

There are merits on both sides. Nobody will win except the attorneys with tens of millions of dollars in fees to both sides. A fair settlement allows both parties to save face.

GIT 'ER DONE!