September 21, 2005
Betting-the-Company
Posted by Mike Madison

The Google Print litigation, and Eric Goldman's comment that by fighting the case, Google may put its entire business model in jeopardy, raises this question:

When should a firm literally bet the company in a lawsuit?  It's a question that technology firms deal with all the time; I remember having that phrase ("bet the company" litigation) and that question came up all the time when I was in private practice, and before I started representing technology firms.  (In fact, my first law firm sometimes liked to say, 'We specialize in that," tongue sort of in cheek.)  Is there research on point, and if so, where is it and what does it say?

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