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Bsav88atty

03/28/13 11:12 PM

#29884 RE: xlt leader #29883

I agree that greed and ignorance are playing a role here. As for the MSFT settlement, I can tell you that as a corporate defendant, it's not fun being the last defendant standing. With one one defendant to attack, I strongly believe this significantly emboldens a plaintiff and provides additional leverage. Here, with more cash from a MSFT settlement, VRNG will be in the driver's seat and may even withdraw their most recent settlement demand to GOOG.

If I was GOOG's counsel, I'd be pushing leadership very hard for a settlement now, as there are still uncertainties they can use to leverage the best settlement. Soon, however, (well, maybe soon) JJ will remove those uncertainties one-by-one, leaving GOOG with leveraging only the uncertainty of a reversal on appeal (weak leverage), and the added year before a final resolution. But with a MSFT settlement, even this added time element is weakened. Speaking of greed and ignorance (plus ego), in my strong opinion, GOOG's failure to settle before JJ's ruling will cost them over $200M. This amount is barely enough to be material where I work, but I have seen many folks terminated for significantly less.
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Spacen

03/28/13 11:16 PM

#29885 RE: xlt leader #29883

Not necessarily. There are a couple of different ways this can play out. In my experience, with every dramatic spike in PPS, there is a corrective drop shortly afterward. We may have seen a peak today, or will on Monday, in the short term since there aren't any hard numbers to put behind it. Settlement talk is still just talk. There aren't any hard numbers with which to determine a value, only speculation. If there isn't any additional news for several weeks, the stock could easily grind back down to the $2.90s or even lower. A short probably knows that the stock will have stronger support in the low $3 range now but also knows a corrective drop is likely without any additional news. They may be waiting for that opportunity to cover.