yes there looks to be plenty of evidence all around to support CMD's claims. Question is, how much will the litigation cost? A funder does not always charge 35% of damages. See both GreenX (GRX) and Indiana (IDA). Sure the litigation funder takes a good cut (like at least a 200% return for them) which might end up being ~$30M in the case of CMD (wild guess only).
On top of that, CMD could claim the costs of the litigation funder as part of their claim because litigation would not have been required had the appropriate laws been upheld. Therefore the cost of a litigation funder could arguably be next to nothing for shareholders, and requires less shareholder dilution. If litigation is to cost ~$5M or more, how much dilution does that require in addition to the overheads of the business?
Management had a term sheet with Omni Bridgeway whom are highly reputable, so why did this not get firmed up is what i want to understand. Watching with interest...
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