> There should be punishment, but basing it on the losses from peak is very strange and not realistic. Isn't this the usual protocol for damage suits in gener

> There should be punishment, but basing it on the losses from peak is very strange and not realistic. Isn't this the usual protocol for damage suits in general? As I understand it, plaintiffs should plan for a 10x or even 100x reduction in damages awarded even under ideal suit outcomes, so you put as big a number on the table as possible (as big as can plausibly be derived from discovered metrics), as it is likely to be decimated anyway.