There is always a balance of risk between what appears in discovery and trial to be active management of risk, the original risk of monopolistic accusations and

There is always a balance of risk between what appears in discovery and trial to be active management of risk, the original risk of monopolistic accusations and prosecution, and the risk of false accusation due to imprudent or unconscious behavior of employees and associates of the business, irrespective of legality. I’m simply saying the smoking gun of managers managing the risk needs to be seriously considered as a possible smoking gun and not simply dismissed because of its potential as a false indicator.