Yes, of course. It would be just as unjust to punish current holders to do justice to past holders. The whip should be flogged in the direction of the Doc alone, but I doubt the company will be totally spared from a lashing or two, unless the mediation is successful. Regulators usually don't enter into mediation unless there is some hole in their case. it's better to get something in mediation than risk getting nothing in court. Likewise for the Doc. It's better to give up something than risk the hand of the judge in court. A win for both could be somewhere in the middle of what they originally sought.
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