Reposting because I noticed that editing a tweet throttles reach.

Good afternoon! #BBBY
Let's play some game theory on the DK - Butterfly V Edelman et al lawsuit.  

Now that we have our two dates: 
4/7/25 for the Motion to Dismiss Hearing  & 
7/28/25 is the Note Of Issue deadline meaning all parties must be trial ready.

Will Mark Tritton, Arnal's Estate, and the Director Defendants settle before the 4/7/25 hearing?
No. They have zero reason to settle until a decision is made on their motion because they believe they are protected by the exculpation clause and will get their motion granted. 

If their motion to dismiss is denied, will they settle before discovery?
Strategically speaking, it would be in their best interest to settle at this point because they all have skeletons in their closet regarding the bankrupting of BBBY. These people are stupid and never once thought that they weren't protected by the exculpation clause.  

The main issue is where will they get the money to settle? The estate is seeking $2.5 billion against them and the directors/officers obviously don't have anything near this amount in personal assets. Unless the likes of JPM (or my Howard Milstein theory) give them money to settle, I don't think it happens at this stage. (It's possible though.)  

I don't think JPM (or Milstein) make a move yet because they have no idea what the board members will reveal and if they have any damning evidence. It's cheaper to take the risk and wait until the information from discovery is revealed (or simply 'Gustavo' someone similar to the Boeing whistleblowers case).  

Will they settle after the discovery proceedings (~7/28/25) in order to avoid going to trial?
I believe this stage of the litigation is where they settle (80% chance). By now, the board members will have already played the blame game in their depositions to save their own skins. They turned on each other and most of the blame will fall on Mark Tritton, Harriet Edelman, Gustavo Arnal, and ultimately JPM (or Milstein).  

While I do believe JPM (or Milstein) will be providing the settlement money, I don't know the logistics of it. Can they simply provide the settlement money for the BBBY board and sweep this under the rug? Or does Goldberg have to launch a separate lawsuit with all of the damning evidence from discovery against JPM and JPM just settles ASAP with no resistance, not even a motion to dismiss.  

Will this lawsuit go the full distance to trial?
It's unlikely but there is a small chance (20%). It is in the best interest of all involved parties to settle before trial to minimize attorney fees and costs as a trial date might be months away. That being said, I do have to acknowledge the possibility of it happening.   

My stance is we settle after discovery concludes around the 7/28/25 deadline. It's possible to go past this date but still settle before trial since a trial date can be months away.

#BBBY #GME
#BBBY