Thursday, June 04, 2009 9:17:46 PM
If I were JPM there are several other firms I'd have chosen ahead of S&C. In fact, they would not have been on my list as their strength is in transactional law. Notwithstanding, they've done the best anyone could do in such adverse circumstances. Let's face it they can't re-write facts (i.e., the FDIC didn't send the capitalization letter, which cooked ITS goose) or law (the applicable bankruptcy recovery provisions have mechanical applications that guarantee WMI victory), and both favor WMI.
S&C creates no in terrorem effect; in fact, the only people who seem to be intimidated are this board's readers. Marcia Goldstein and Weil's other attorneys know better.
JPM, by contrast, IS concerned. That extremely cunning and inevitably ruinous Texas action plus the political might behind the FDIC are a Sword of Damocles to Jamie Dimon. He knows he must settle, but he just wants to bargain the FDIC down to the most @#$%rdly sum possible. It is becoming increasingly clear to me that he won't get his way. He's just not in control of the process.
http://messages.finance.yahoo.com/Stocks_(A_to_Z)/Stocks_W/threadview?m=tm&bn=86316&tid=156178&mid=156864&tof=8&rt=2&frt=2&off=1
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