I think they are smart. With a straight face they can tell the SA BOD that they gave it their best shot and failed in the face of the overwhelming R&G legal efforts. They know their chances are slim if they go for a jury trial & would be honest about that with SA. The BOD knows that defeat in a jury trial would mean treble damages. The CFO has probably briefed them on the fiscal impact of such an award. It could be a non-recoverable event leading to bankruptcy IMHO. Facing that strong possibility, the prudent thing for the BOD to do would be to fully utilize the abilities of the individual with settlement expertise their legal team hired two months ago & negotiate a settlement. I believe that negotiation is ongoing and that is what gave Mark the confidence to make his statement about all six.