jimmijazz - Jay, if he would say anything, would tell me that the opt in committee has virtually no chance. Would I believe anything he said - not for one second. He will tell me only what is in their (client's) best interests - the truth is not a consideration. (This applies equally to Gowling). By the way, I don't recall saying Jay was a good lawyer but I do know how good he is. Justin Fine has communicated with Jay about Crystallex, ask him.
Not opting in is NOT altruistic. It is self interest. Not opting in is the best way to minimise reduction in the award from unnecessary litigation, but if litigation goes ahead then not opting in, selfishly, gives you the best return.
I can't answer what the best way is to protect what we have because I don't know what is going to happen to take away what we have, but both the "bad" noteholders (who are major shareholders too) and Reyes have lawyers for this.