Thursday, May 30, 2013 12:15:49 AM
I wouldn't speculate being an attorney worth his salt. I can say that, in the event something beneficial to E.G.'s case would be something publicly disclosed in the financial then I certainly would expect his defense counsel to apply that fact in support of his defense.
However, withholding financials based on it containing something beneficial to E.G. would be rather fool hearty given the potential of criminal prosecution for filing misstatements with the sec. Especially given that any evidence that might find its way onto the financials beneficial to his defense would be available to him (possibly under seal) in a simple request for production. Any lawyer worth his salt would be gearing those requests up.
E.G. has not asserted counter claims, e.g. he wants the charges dropped and wants to move on with his life. Unless, he is waiting to assert counterclaims based on the discovery of "new evidence" which he very well may be doing.
If I had a personal grudge against the company I may want to hold out as long as I can to drag out the case as long as I can to make the company regret bringing suit against me, however, that is very short sighted.
I could go on for hours about various litigations strategies both sides have, because I actually am an associate for one of the nations top recognized litigation firms, however, that's not my business here.
I have no doubt AAPT will be a successful company and will be holding this stock through thick and thin, but tomorrow will prove to me whether management is full of s**t or not.
However, withholding financials based on it containing something beneficial to E.G. would be rather fool hearty given the potential of criminal prosecution for filing misstatements with the sec. Especially given that any evidence that might find its way onto the financials beneficial to his defense would be available to him (possibly under seal) in a simple request for production. Any lawyer worth his salt would be gearing those requests up.
E.G. has not asserted counter claims, e.g. he wants the charges dropped and wants to move on with his life. Unless, he is waiting to assert counterclaims based on the discovery of "new evidence" which he very well may be doing.
If I had a personal grudge against the company I may want to hold out as long as I can to drag out the case as long as I can to make the company regret bringing suit against me, however, that is very short sighted.
I could go on for hours about various litigations strategies both sides have, because I actually am an associate for one of the nations top recognized litigation firms, however, that's not my business here.
I have no doubt AAPT will be a successful company and will be holding this stock through thick and thin, but tomorrow will prove to me whether management is full of s**t or not.
All statements are simply opinions and not a recommendation to buy or sell any security. Besides, I enjoy the gamble.
