I honestly don't get what this discussion is about. I would think that virtually all the companies that have settled did so after considering input from their INTERNAL legal staff. Penalties should something happen indicating that settlement was a bad decision? Well, JHawk nailed it pretty good (hey, it was management's decision), but what would they do to their legal staff? Some make it sound like these companies would sue for damages or something against their "legal represenatives". Sue employees of your own company?

I suppose there is the possibility that some of these companies sought outside counsel, who provided advice. Even in this case, I seriously doubt there would be any liability born by such counsel.

And I doubt outside counsel was ever involved for the companies that settled. These are big companies, very likely having large legal staff, especially in the Patents and Licensing area. So the company really has only one avenue to "get even" for the bad advice - fire those company employees that provided it, for incompetence. Even then, I'd bet such action could enter litigation for "wrongful discharge".

But I KNOW nuttin'!

SGE