I am not Tyler but am a lawyer. Based on limited information, I think it likely that over 90% of legal exposure would be based on actions that happened on or before November 11 (let’s use the date of the bankruptcy filing). However, that is not equivalent to saying that what potential targets do from November 11 onward will affect the ultimate financial pain they end up bearing (damages, clawbacks, legal fees, intangible negatives) by no more than 10%. I think the latter statement is likely false, and is the question one has to consider when deciding on speech vs. silence.
The answer to #2 depends in part of your definitions of “prominent EA figures” or “involved in the litigation process.”
I would think less of Sullivan & Cromwell’s litigation team if EV and CEA are not involved in litigation in some capacity. I have zero inside knowledge, but way too much money went from FTX-affiliated entities and persons to EV and CEA not to make an attempt to clawback and to see what else might be there.
[Edited: “on or before November 11,” “November 11 onward.” Thanks to the person who messaged me to note those typos!]
I am not Tyler but am a lawyer. Based on limited information, I think it likely that over 90% of legal exposure would be based on actions that happened on or before November 11 (let’s use the date of the bankruptcy filing). However, that is not equivalent to saying that what potential targets do from November 11 onward will affect the ultimate financial pain they end up bearing (damages, clawbacks, legal fees, intangible negatives) by no more than 10%. I think the latter statement is likely false, and is the question one has to consider when deciding on speech vs. silence.
The answer to #2 depends in part of your definitions of “prominent EA figures” or “involved in the litigation process.”
I would think less of Sullivan & Cromwell’s litigation team if EV and CEA are not involved in litigation in some capacity. I have zero inside knowledge, but way too much money went from FTX-affiliated entities and persons to EV and CEA not to make an attempt to clawback and to see what else might be there.
[Edited: “on or before November 11,” “November 11 onward.” Thanks to the person who messaged me to note those typos!]