Maybe - I dunno. At the end of the day, the court will hear that the same smart lawyers counseled the PAC members to sign...with the Fee provision in the deal. I am not an antitrust lawyer - but the principles of contract construction, interpretation, and enforcement and balancing of equities and fairness all cut against the conniving SOBs. If they did sign knowing they had inserted a poison pill, they could have bigger problems - problems that rhyme with fraud. Problems that could come with other, non-contractual punitive damages that make the contractual payment look like chicken feed, which could be asserted as counterclaims in the response from the MWC. This will escalate quickly. My guess is that is the PAC's strategy, up the ante and try to force settlement at a payment less than the contractual amount. Knowing our weak kneed leadership, it might work.
