Yep, I know some reps that have represented Vivitar in the past.  They claim it is a pretty loose bunch of folks with good products, good delivery, but not so good at the other details needed. 

If DM knew they had a very strong case (anything can happen in court), they may have known Vivitar records were not in great shape after moving or they may have interviewed former management since the brand has been bought out.  I don't know, just guessing, but DM had a strong and compelling reason to go for Vivitar first, IMO.

I doubt this is quick and easy, but I also think we will not be wondering about Vivitar this time next year. 

John