@duty I understand your thoughts but my experience with confidentiality agreements and deeds is that they usually contain 'exclusion' clauses, for things like public information and pre-existing knowledge or relationships. What we don't know is whether Spectrum had been speaking to the vendors before VMC approached DJC (which might negate the CD) and whether those discussions were covered in turn by a separate CD or NDA (which most corporate transactions are). What confuses me is why it has taken VMC 12 months to bring the argument to the court? If it is such a compelling argument and they want the project so much, why not take action sooner? It's not like it's a secret that SPX acquired the property or that PA was running the Company.
There are lots of things we don't know and may never know - that's why it's a coin toss.
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