I’d caution everyone that discussions with peers would be potentially discoverable in litigation. I do not mean to imply the possibility of discovery is a sufficient reason not to have those discussions, but I think people do need to be aware.
If I were a smaller grantee, I’d be considering the possibility of seeking joint representation with similarly-situated individuals/entities, and perhaps giving the attorney permission to seek a aggregate settlement of all claims against those grantees. It’s clear to me that the least desirable place for the monies to end up is in the pockets of lawyers—either your own or the estate’s. Off the top of my head, I’d be cautious about joint settlement involving people/orgs who (had significantly different grant sizes or atypical defenses) and wanted to pay as little as possible.
I’d caution everyone that discussions with peers would be potentially discoverable in litigation. I do not mean to imply the possibility of discovery is a sufficient reason not to have those discussions, but I think people do need to be aware.
If I were a smaller grantee, I’d be considering the possibility of seeking joint representation with similarly-situated individuals/entities, and perhaps giving the attorney permission to seek a aggregate settlement of all claims against those grantees. It’s clear to me that the least desirable place for the monies to end up is in the pockets of lawyers—either your own or the estate’s. Off the top of my head, I’d be cautious about joint settlement involving people/orgs who (had significantly different grant sizes or atypical defenses) and wanted to pay as little as possible.
Agree. I will link this to the post and also to the discord space.
As you write though, if everyone is afraid too much to even open up a discussion and cooperate, it’s IMHO worse on expectation.