I agree with you that "cost" is a major factor.  Remember, many companies have insurance to assist with some of those costs.  They can't get insurance to get back lost opportunities missed due to key personnel being distracted by a deposition.

I don't know if you have been in a deposition and I'm sure others here have been.  My experience is not good and not high on my "to do" list.  The legal eagles, at a minimum, are very good at making one feel very uncomfortable.

Either way, EDIG certainly has quality representation and I guess (WAG)  DM will push hard for a deal to maximize their non-billable hours.  While I don't believe DM cares about what we (the Joe Sixpack retail investor) want, they do care about their own bottom line. 

John