I honestly don't think they had the financial wher

I honestly don't think they had the financial wherewithal to sue them last year. The recovery started in earnest with the agreement with SMS. If they were cash strapped at the time, I'm not sure how they could afford a lawyer. Or, perhaps they've been doing their own due diligence for some time and KBM beat them to the punch. Either way, retaining a law firm and countering shows me they now have the financial ability to withstand going to court. Whose to say their lawyer isn't doing this on a contingency basis anyway. Contingency's generally call for a 60-40 split (at least in discrimination cases) of any damages awarded, if it even gets that far. I'm satisfied with this response.