There maybe some legal shenanigans in play here. There has been no fallout from EITHER side about the finality of the COES litigation. The silence from the other side, particularity, is deafening. At a minimum there are millions of dollars of legal fess still hanging in the wind, and the ego of DVG cries for public revenge and vindication as well. We are hearing NOTHING. This leads me to believe that there are significant negotiations ongoing for which KK's legal team is deeply involved.
If this is correct then I fear that KK has been paralyzed by this team and stoned into silence. As an outside consultant I have worked with many CEOs of large (Fortune 500) corporations. My consultations often impacted ongoing litigation the company was involved in. I have been in meetings were my recommendations caused the general counsel of the company to become apoplectic -- following my recommendations could have dire consequences for the outcome of the litigation. The good and forward thinking CEOs reminded the general counsels that the legal components were only one issue that he, the CEO, would consider when making the policy call. I have been involved in similar interactions with governors.
These chief executives are able to see that their responsibility is often larger than just winning a law suit. The health of workers and communities, the well being of shareholders, information needed by government to discharge its duties, etc. often trump (pardon the phrase) legal issues. Remember that the very first course that attorneys take in law school teaches them to take absolute control of absolutely everything that is associated with a litigation. Fortunately, not everyone yields to this dictate.
Is it possible that we could use some of that vision here?
