d2006s / Re: LambertsL: So are you saying that you do not believe we are entitl
posted on
Dec 17, 2007 06:40PM
I certainly think that TPL/PTSC are entiled to the all the damages that the law will allow. However, if this is a settlement, we're not talking about what the law allows, we're talking about two companies PDS & J1 or J2 or J2.5 making a business deal. That's completely different, and that will be based on what is in each's best interests from a business perpsective. If TPL/PTSC want maximum value, they need EVERYTHING to be decided in their favor, and then they need to take this to the finish line from a litigation standpoint, includeing the inevitable appeal process.
IMO, Roger Cook will be advising TPL/PTSC that he thinks the chances of wining in litigation are X%, and the likely damages are $Y based on a full win, and then looking at the settlement values and saying, GREAT DEAL, take it and end this now, probably a good deal, take it as it's not worth risking losing, maybe a good deal, not such a good deal etc., and then TPL/PTSC will have to decide whats more important, risking it all for potential nothing, or taking 60 cents on the dollar and declaring a win, and using that hammer to pursue everyone else.
I'm enjoying the moment very much, ESPECIALLY if we find all the J's have settled. I think a $150M settlement will be killer good, and will continue to enjoy that moment. More and I'll be ecstatic. If I were expecting over $1B, and got $150M, I'd feel bummed. That's my point.