ohm: I agree. From filing date of a complaint to selection of a jury would probably take 2 years, give or take 6 months. By then, BLA approval and a LL profit stream would likely be in place. Conversely, if no BLA approval by then, causation becomes pretty speculative.

So if Sidley can find damning evidence of actual malice during the accounting and serve a complaint seeking punitive damages from Amarex and NSF by 3rd quarter, 2022, that would open a nice window for potential settlement. However, a plaintiff''s best settlement leverage doesn't arise until a trial date is set by the court, and setting the date often doesn't happen until about 6 months before trial commencement.

Under this scenario, if early settlement talks failed, CYDY would have to prevail on a motion to dismiss the complaint by NSF asserting the corporate veil doctrine of separate legal entities.