NorthWest Biotherapeutics Inc (NWBO)

[pqr]

Flex agree - we’ll see how long CDEL wants to suggest it will defend itself on the backs of its customers. Which if it occurs would (I think) not extricate CDEL with respect to those trades, just add more defendants with more funds to pay a possible judgment. It happens much more often than one might think that a business dilemma such as the one identified by CDEL’s counsel is later abandoned by the client.

Of relevance to that possibility, liability among multiple wrongdoers (at least in a tort claim setting) is “joint and several.” There the Judgment holder can collect from any wrongdoer to the amount of that defendant’s liability. In practice, the Judgment holder usually goes after the deepest pocket.

So if I’m CDEL (or any other defendant) I’m asking myself, do I really want to expose some of my biggest customers to the defense costs and aggravation of litigation if in the end that’s going to cost me more to defend the claims against my entity (more parties, more claims, more documents, etc) and I probably don’t control or really, limit my company’s ultimate liability?