" ....So how, you understandably are asking, is this a negotiated settlement? Good question. A lot has to do with the nature of this arrangement. It is likely that the settlement documents are not complete. It is a certainty that the settlement documents that do exist, were written first, before a Complaint was written -- which as most lawyers and every Banker knows is the opposite of the way things are handled in a negotiated settlement. SeeMarch 18, 2012 post here, "After the Settlement ...They Wrote the Complaint"."
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