I think someone mentioned before that the legal suits and business suits are on different tracks. Clearly they need to communicate and inform each other of where they stand but I doubt that communication and the decisions that follow are immediate. Let's assume the legal team told the business team before Batts that it was unlikely they would prevail. The business guys then rolled up their sleeves and began negotiating in earnest. Perhanps, after they had the business terms worked out they sat with the legal team. I'd imagine the legal team recommended holding off and letting this play out as the Batts decision gave them another delay option that they didn't expect. All just speculation, obviously, but the only rational explanation my simple mind could come up with.
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