Like Derek, I'm looking forward to the results of CryTek's discovery (if it is ever made public).
It's all pure arrogance and hubris. Those have been the guiding principles of this shit-show for as long as anyone can recall. And as been proven time and time again, it's going to continue being their undoing.
After the judge shreds and blends the MtD, then feeds it to Ortwin through a funnel, they have to setup a schedule for discovery, depositions etc. During that time, they can still be talking settlement, though as I've written, I don't expect that to be on any friendly terms, given the very public arrogance, hostility, and unprofessional conduct exhibited by the Ortwin-led CIG onslaught.
But attorneys who are in the middle, even with problematic clients, tend to have calmer heads during settlement negotiations because nobody wants to go to trial. And regardless of what Ortwin writes, I have to believe that FKKS should have already seen some the writing on the wall by now that their client stands absolutely no chance of prevailing on any of the accusations. Also, once the MtD fails spectacularly, that's when FKKS is going to have a "Come To Jesus" discussion with their clients, briefing them about the fucking minefield they're about to step into, asking them if there is anything they need to know beforehand etc. Since clients lie to their attorneys all the time, it stands to reason that Ortwin will lie to their attorneys, concealing the more egregious things likely to expose them. Then it shows up in discovery, and all hell breaks loose.
The biggest problem they have, and which Ortwin has to know by now, is that this lawsuit has immense scope and there is no way they are going to be able to stifle things from depositions or discovery, without running afoul of the court. I'm sure we're going to be seeing lots of filings from CIG disputing certain discovery requests, all of which will ultimately fail. Why? Because, right from the onset, by going after Ortwin's conflict, Skadden set the "reputation + pattern of conduct trap" for Ortwin, ensnared him in it with deadly precision, and set the stage for credibility & reputation to get a front row seat in the proceedings. They're going to want to establish a pattern of conduct that shows that CIG behaved dishonestly etc. And THAT is how things like their personal lives, expenditures, Ortwin's involvement etc are all going to be open season for discovery. If they were dishonest enough to breach the terms of the GLA, discovery is going to be the path to establishing that pattern of conduct which is what is going play before the judge and the jury (if it goes to trial).
They have to settle. There is no other way out of this for them. But given the amount of money involved, even with whatever the liability insurance ends up agreeing to pay - if anything - they're going to find a way to raise that money because my guess is that Crytek isn't going to risk any long term promises, knowing that CIG is run by a pack of lying, thieving, scumbag scam artists.
Anyway, none of this matters because this pales in comparison to what's currently developing behind the scenes and which I am certain is the actual final nail in the coffin, regardless of how this distracting lawsuit plays out.
And I still maintain that people are either going to jail, or taking plea deals, over this fiasco.
