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Re: hoffmann6383 post# 546406

Friday, 12/09/2022 2:22:04 PM

Friday, December 09, 2022 2:22:04 PM

Post# of 700281
hoffman, you are exactly right. What we are seeing in the early stages of litigation for NWBO is consistent with practice. Back in my Fortune 50 days, my area was risk management and I worked closely with our chief legal counsel on myriad cases. In fact, when I left there I did expert witness consulting and testimony, based on a Daubert rendering of my expertise. With that, here is what is worth knowing...

Big companies always make noise about defending themselves while they determine their risk exposure. They do not necessarily default to a BATNA, but neither do they choose to settle easily. While I was more on the side of fighting in court than our attorneys were, their approach was understandable as they considered the financial and legal exposures. Financial includes the cost of sustained litigation that could result in a jury/court award of exponentially higher damages than initially sought; not to mention the possibility a judgment sets a legal precedent (that affects all businesses). Further, expansive discovery in the litigation could lead to evidence of criminality and, with that, all hell breaks loose.

In sum, after sufficiently extensive inquiry, whereby the lawyers charge enough for it to be worth their time and for the plaintiff to believe they got their "monies worth", if the evidence is there, I expect a settlement. Others on the board with a legal background might want to weigh in.
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