infolio

Chapter 23 - The money narrows

Mediation lasted fourteen hours.

Vesper.

Her counsel.

Marlowe special committee representatives.

Insurers.

No family speeches.

Numbers.

Company’s direct costs tied to Vesper investigation and remediation:

Outside investigation:

$1.18 million.

Lender amendment attributable partly to conflict disclosure:

$825,000.

Procurement review:

$390,000.

Foundation costs separate.

Could company recover all?

No.

Internal controls would have required some expense anyway.

Then pricing damages.

Greencrest probable excess attributable to conflict:

Expert range $180,000–$420,000.

North Vale:

No measurable overpricing.

Then Vesper’s compensation:

$1.68 million.

Could company demand disgorgement?

Legal uncertainty because paid by vendors for some legitimate work.

Full disgorgement unlikely.

Then insurance.

D&O-like coverage for certain defense costs, but intentional conduct exclusions complicated indemnity.

Settlement proposal:

Vesper pays company:

$820,000.

Greencrest credits/refunds:

$160,000

for disputed billing categories.

North Vale no damages payment but terminates advisory compensation with Vesper and undergoes independent contract review.

Company releases known civil claims except intentional fraud later discovered.

Vesper dismisses wrongful-removal suit.

She keeps shares.

No governance role.

Vesper refused.

Wanted:

$600,000.

Difference:

$220,000.

Small relative to billionaire-scale rumors.

Huge because neither wanted to yield.

Then Isolde’s birthday approached.

She asked for:

A small garden party at Marianne’s house.

No ballroom.

No Vesper.

No family attorney.

Just classmates and cousins she liked.

I agreed.

May you like

Litigation stayed out.

The world did not stop because a child wanted cake.

Related Stories

Other posts