You have to ask how will a court define M&D damages and from when. As previosly indicated, M&D law is not a clear cut. I would recommend that the issue of M&D and how the court may define it within the Opes Prime matter would need to be looked at very carefully with the litigators. It is posisble each client may need to establish their own M&D circumstances for a court to determine a suitable outcome. Chances real chances are a court will never get to that point and it would get settled on the court steps.
opes payout a bribe, page-42
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