4 ms·

Isn't this just blackmail? "Pay me $2.7M or I'll continue my case against you"

by robbles 11y ago

colinbartlett 11y ago
This is how all civil suits work, no?
superuser2 11y ago
That's pretty much what settlement is.
brighteyes 11y ago
No more than "drop the appeal or we'll demand 1M in lawyer's fees in the case you lost." You can see both as blackmail, or both as legal positioning looking for a settlement in the middle. I will say though, that after losing, to ask for such a high number is very brazen on her part.
- robbles 11y ago
  The difference I see there (IANAL) is that they are asking for that 1M to recoup their legal fees as the winners of the case, and offering to waive them if the case is closed. Not sure if they're definitively entitled to that money, but at least it's the other way round. Asking for millions of $ as the losing plaintiff to not continue the case and cause more expenses for the defendant seems like a pretty clear case of blackmail to me however. Is it still settlement when you've already lost?
  - timr 11y ago
    If you have a valid appeal, you haven't "already lost" -- you have a case that's working its way through the courts. The legal system isn't sportsball, and you aren't being a sore loser if you appeal your case to a higher court. If someone gives up their right to appeal, that obviously has a financial benefit for the other party. It's not underhanded to admit it, and use it as a negotiation tactic.
  - brighteyes 11y ago
    I don't think there is a difference. Yes, she lost the current trial, but the legal system in the US is built on appeals being a near-inevitable part of the process. Settlements can happen during any part.
  - supercanuck 11y ago
    What definition of blackmail are you using? What I see is two sides producing leverage in a negotiation. If they are willing to pay $1M for her to go away, why not $2.7M? This is Pao feeling out what Kleiner's BATNA is.
MichaelGG 11y ago
Isn't there a requirement that there be some criminal activity to be legally extortion? So if she was threatening to tell the IRS about the firm's tax evasion, that'd be illegal. Otherwise it's just everyday negotiation and settlement, right? How would you draw the line? E.g., "You've been using N more Windows licenses than you paid for. Pay $M or we'll sue for payment."

Isn't this just blackmail? "Pay me $2.7M or I'll continue my case against you"

by robbles 11y ago

Isn't this just blackmail? "Pay me $2.7M or I'll continue my case against you"

colinbartlett 11y ago

This is how all civil suits work, no?

superuser2 11y ago

That's pretty much what settlement is.

brighteyes 11y ago

No more than "drop the appeal or we'll demand 1M in lawyer's fees in the case you lost." You can see both as blackmail, or both as legal positioning looking for a settlement in the middle. I will say though, that after losing, to ask for such a high number is very brazen on her part.

robbles 11y ago
The difference I see there (IANAL) is that they are asking for that 1M to recoup their legal fees as the winners of the case, and offering to waive them if the case is closed. Not sure if they're definitively entitled to that money, but at least it's the other way round. Asking for millions of $ as the losing plaintiff to not continue the case and cause more expenses for the defendant seems like a pretty clear case of blackmail to me however. Is it still settlement when you've already lost?
- timr 11y ago
  If you have a valid appeal, you haven't "already lost" -- you have a case that's working its way through the courts. The legal system isn't sportsball, and you aren't being a sore loser if you appeal your case to a higher court. If someone gives up their right to appeal, that obviously has a financial benefit for the other party. It's not underhanded to admit it, and use it as a negotiation tactic.
- brighteyes 11y ago
  I don't think there is a difference. Yes, she lost the current trial, but the legal system in the US is built on appeals being a near-inevitable part of the process. Settlements can happen during any part.
- supercanuck 11y ago
  What definition of blackmail are you using? What I see is two sides producing leverage in a negotiation. If they are willing to pay $1M for her to go away, why not $2.7M? This is Pao feeling out what Kleiner's BATNA is.

MichaelGG 11y ago

Isn't there a requirement that there be some criminal activity to be legally extortion? So if she was threatening to tell the IRS about the firm's tax evasion, that'd be illegal. Otherwise it's just everyday negotiation and settlement, right? How would you draw the line? E.g., "You've been using N more Windows licenses than you paid for. Pay $M or we'll sue for payment."