A law Goon
put this together.
With goons expecting a huge feast of hilarity from discovery (and some already warning that we're going to be disappointed), I think it's worth pumping the brakes a little and realistically considering what we might see in the disclosure process. Due credit to Latin Pheonix for her assistance proofreading all this.
For a start,
here's the current US Federal court Disclosure and Discovery rules. As stated before, I am NOT going to give specific opinions on this because I'm not that specific kind of lawgoon. Smart lawyers (not naming any names) know when to refer a matter to people who know what they're doing. But I do have experience of discovery processes and I know what litigators look for and ask for.
So that all said, here's what we
might get. Bearing in mind that as noted by kw0134, this stuff won't be uploaded the way the court documents have been and will instead be exchanged between the parties. We'll see the bits that get
specifically cited.
1. CIG FinancialsLet's tackle the thread's holy grail head on. We're not going to see a line-item for "Mr Roberts' cocaine dealer". That's as much a dream as a fully-functional Javelin. Even a more realistic comedy extravagance like a personal masseuse or executive barista can quietly be shuffled into a "facilities" budget alongside the $14K coffeemaker. The great joy of this lawsuit is that Crytek are certain to
want accounts to assess damages, and are very likely indeed to cite points from the accounts that will require attaching them to court documents, but us seeing the complete set is by no means guaranteed. If we're really lucky perhaps Derek's sources might quietly do us a solid here, BUT those sources are risking contempt charges so let's not get our hopes up.
Also, any accounts will be prepared by cynical professional accountants, who are more than familiar with how to keep embarassing financial information quietly buried in a 10-page statement of travel costs. Anything really damaging will be several pages deep behind a phalanx of polite accounting euphemisms. If accounts do appear, expect them to be bland at first sight with the really delightful secrets in the terms and definitions. Areas to keep an eye on:
- Office furniture. Bear in mind this will be high for any technology company; entertainment value will come from just what was purchased for whom.
- A massive executive travel budget (NOT broken down into tickets, just a big number)
- Executive salaries and bonuses (again, unlikely to be listed individually)
- Details of inter-office money and rights shuffles. Any double-dipping? Which company holds what, and when was it transferred? Who's being paid by multiple companies at once?
- Other licensing and IP points. What was paid to Illfonic to break their contract? Who else has Experienced The Chris? What licenses have CIG themselves taken out?
- Who's pulled the ripcord on their golden parachutes.
- MOCAP and expenses associated with the film shoots. In particular, check to see if Director Chris and #actress Sandi were paid seperate salaries to the CEO of Cloud Imperium and the Head of Marketing.
- Debt and who holds it.
- Details of investors.
- Genuine refund amounts.
- Genuine funding figures (this will be plenty embarassing enough if they don't match the funding tracker).
If something shows up big and obvious here, expect the media to pick it up in a frustratingly simplified form ("Star Citizen accounts show Chris spending $X,xxx,xxx,xxx.xx on flights to Monaco!"). Likewise, don't expect the shitizenry to be too shocked; anything requiring reading more than a single layer is too easy to dismiss.
2. CIG/Crytek correspondence. Whatever communications were exchanged between CIG and Crytek execs, and CIG and Crytek staff, and especially CIG and Crytek staff who went on to become CIG staff, are going to be utterly crucial to both sides. No question about it, this WILL be dug over again and again. Comedy here will be of the "I'm a big tough executive with no self-awareness whatsoever" kind. The chances of a good old CIG unforced error will be at their highest. If we're lucky, someone will express their contempt for the backers. If we're really really lucky, we'll see someone discussing how he's totally going to screw Crytek.
But now I've whetted everyone's appetite I have to deliver the bad news. This area is the most likely to be heavily locked down by ALL sides. Crytek themselves may have a few embarassing skeletons in their closet, or just not want their negotiating strategies discussed in public, and the judge isn't going to want to wade through page after page of chest-thumping. Expect a lot of cut material and tantalising hints of other documents; entire sheaves of AMD Letters that we'll sadly never see without a leak. The real hilarity in the Ion Storm meltdown came from leaked internal emails, but they were
leaked rather than disclosed.
The most likely outcome: Both sides seize on one or two email chains apiece that shore up their case and rely heavily on those. The thread curses as we are teased with references to "the X settlement" or "the unfortunate events at Y's offices" that remain forever sealed.
3. Pre-action correspondence. The most likely source of thread entertainment. Whatever correspondence was exchanged before Crytek filed their lawsuit will probably show up in the trial bundle, and could contain some entertaining examples of how Chris & co treat
servants peons contractors. Crytek will probably posture just as much as CIG here. Expect chest-thumping roars and much flinging of excrement right up until Crytek hire Skadden whereupon the quality of discourse will probably shoot up.
Not likely to be anything shocking here unless one party did something provocative to the other in the run-up. Probably a lot of CIG delaying tactics, hoping to reach the next big sale or that Crytek will just go bankrupt and stop bothering them.
4. Insights into CIG's internal power dynamicsKeep an eye on what CIG say
isn't relevant. What are they insisting is nothing to do with Cloud Imperium as a company? Which servers are they trying to refuse access to? What's suddenly been declared to be sold to Ris Choberts? This is where CIG will gas up their internal firewalls and I expect Skadden to have to file motions to compel access.
Likewise, watch the email
trails. Who holds which company offices? How does a message move around inside CIG? Does everything go to the Head of Marketing who in turn forwards it on the Chairman? Does Chris actually have any control over his underlings? Does he rage directly or passive-aggressively? Whose opinions are consulted, and for what? Who doesn't CC the Chairman on their emails?
5. Details of who CIG's been courtingWho pops up unexpectedly in the emails? What's suddenly redacted? Any institutional investor will have done due dilligence including checks on pending legal action. If this has been pending for a year or more, some entertaining organisations might have stuck their heads around the door during that time (and then Noped out). Does Chris threaten anyone with his big scary new friends? For that matter, who threatens Chris?
6. The Dates and Times of CIG's largest payments, in and outThis is like signal analysis of encrypted traffic. We won't be able to see, e.g. how much was paid to Gary Oldman. But we might be able to infer it from sudden lump-sum payments, especially given the rumours of executives demanding their royalties with the release of 2.6. I'll be very very curious to see how much left their accounts (and which accounts) on 2.6 and 3.0's release dates.
Was there a large lump sum payment about the time Ben stopped appearing on ATV? To Lando about the time he was rumoured to be leaving? Were there payments to a certain film studio responsible for internationally famous horror epic
American Satan - and what
else has been paid out of that budget? Who paid what for the rumoured private detective agencies involved in the leak hunt after the AEGIS Potato incident?
I'll also be interested to look into when CIG leased various properties, and which shell company owns those properties. Most commercial leases terminate in the event of bankruptcy or receivership, so what are Chris & co preparing to sacrifice? Also, comparing the dates of any inward investment or tax credit with the funding tracker may provide considerable comedy dividends. Were any large payments made around the times that, say, Coutts might expect a loan repayment?
and lastly...
7. A Spectacular Unforced Error That Makes Us All Collapse Laughing.Hey, it is CIG we're talking about. For that matter it's Crytek we're talking about. There's going to be something totally off the wall that we've never ever imagined in a million years, count on it. It might be an unexpected asset (holding a lease on a house somewhere, or a yacht, or a private train car), a hilarious euphemism for payment structures ("enhanced performance dividend"), or something even sillier. But it's gonna be there. CIG can't help themselves.
My personal bid is "evidence of an attempt to sue
American Satan's producers using backer money". I'm sure the thread can think up other possibilities. The reality is probably going to be exponentially more insane than anything we can think up.
