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