Wednesday, February 22, 2023 12:45:07 PM
This is why my first signature line is there. Talk is cheap. If anyone has a problem with current cases/plaintiffs/lawyers, or wants a new case filed on novel legal grounds, they just plain need to file their own lawsuits. That's the only way to be sure it happens. Otherwise it's all bluster.
Waiting until other lawsuits have been resolved (via settlement, dismissal, or just plain winning) is disingenuous. Those plaintiffs might settle under what might be considered to be unfavorable terms; the Collins plaintiffs are willing to accept a senior-to-common conversion as a remedy for example. Any new lawsuits need to be filed NOW to get a seat at the table, rather than try to barge in after the fact.
It's even worse when it comes to threats of lawsuits over warrant exercise or a senior-to-common conversion. By the time either of those things happens the dilution will be impossible to undo, and 4617(f) will prevent any injunctive relief. Those lawsuits need to be filed right now to try and prevent dilution, rather than trying to undo it later. Instead all I hear are crickets.
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