The fact that there was a possibility of punitive damages is rare. By leveraging the threat of trial and the possibility of punitive damages you can get a larger settlement. Possibly closer to the award the company was looking for. I know you understand this. I am not saying there were punitive damages awarded, but by threatening trial they can get more than 20 million in the settlement. The thing everyone has to understand is that this never went to trial. It was pre-trial and settlements can include a myriad of things. Things can get a little wierd with settlements. For example, if there wasn’t an NDA, Laken could have asked for a written apology to the shareholders to be published in a newspaper or in a press release.
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