Global Digital Solutions Inc (GDSI)

[Coreton]

When Rontan and the Bolzan’s are found to have breached ( which the judge has already asserted has happened) and their bogus claim of an affirmative Defense is rejected. They will also be responsible for GDSIs litigation costs in addition to any other damages awarded. That’s part of what actual damages are.

If you think they have a shot at proving their affirmative Defense you might want to read up on what that entails and then compare the aspects of that defense with the rulings and arguments they (Rontan et al) made in their respective MSJs.
A successful affirmative defense for Rontan is not supported by the arguments made and subsequent orders rendered.

Their best course of action is to settle and avoid a multi faceted awards matrix. A settlement allows them to settle on a fixed amount and not leave it up to a jury to set an award and then to tack on other actual expenses of litigation.

Why does this matter?

Let’s say the jury is sympathetic to Rontan et al defense but sees the facts favor GDSI in that a breach occurred at a time when there was no way for Rontan to have any knowledge of any other aspects of GDSIs financial position. The jury could award a $1 award. The problem for Rontan is that now there are additional costs. All expenses that GDSI has incurred are now part of the judgement. So if GDSI spent $15m on the litigation the final order would be for $15,000,001.00.
That’s why you settle even if you believe you would otherwise win. If you are 90% sure it’s not worth the risk. The same theory applies to GDSI. Even if they think there is a 90% chance to prevail on all claims and the total award could be north of $100m. It’s a better outcome to settle for a 100% chance of getting a smaller award. The settlement will be for a figure in the middle. The odds of a trial at this point is very slim at best.