as i said, it cuts both ways.
shc appointed a separate entity to examine the esl offer(s) such as the seritage sale/purchase.
if shc were to be found incompetent or they were found to have mismanaged the transaction then i would think they would be held liable.
if on the other hand esl and/or lampert were found to have exerted some type of undue influence on the transaction or it was found to be fraudulent, then els and/or lampert could be held liable.
it seems to me that the director's and officer's insurance company might also be at risk if shc's directors and/or officers were found to be culpable.
for all of those reasons, i would think both sides should be worried and would want to reach some type of settlement.
again, unless it is in the billions, stockholders still get nothing, and there is no way the claim is in the billions.
