Contract analysis
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Contract analysis / email-settlement-discussion-ridgeline.eml
email-settlement-discussion-ridgeline.eml
High · 2
Medium · 0
Standard · 0
1. Pursue the Motion to Dismiss on liquidated damages and lost profits;
High
⚑ Penalty / liquidated damages
1. Pursue the Motion to Dismiss on liquidated damages and lost profits;
2. Build the factual record through targeted discovery;
2. Build the factual record through targeted discovery;
3. Retain a damages rebuttal expert (now underway with Kensington Analytics);
3. Retain a damages rebuttal expert (now underway with Kensington Analytics);
4. Pursue summary judgment on the Cause termination basis; and
4. Pursue summary judgment on the Cause termination basis; and
5. Engage in settlement discussions only as a contingency, and only if discovery produces
High
⚑ Non-compete / exclusivity restraint
5. Engage in settlement discussions only as a contingency, and only if discovery produces materially adverse facts regarding the rate-adjustment motive. Importantly, we agreed that **no settlement overtures should be made to Vantor or its counsel at Caldwell Royce & Shapiro at this time**. Stonefield should wait for the MTD ruling and initial discovery before reassessing. **Risk Factors** We discussed candidly the tw