We spend additional time talking through the facts. Jake periodically asks Kevin a question, and it is clear he is impressed with the responses and will reinforce to the other side what a good witness Kevin will be if we wind up at trial. Jake considers in silence, and then says, “You are too far apart. I am concerned that if we continue at this rate, we'll hit a wall shortly. Will you guys go to one million if they go to five hundred thousand?”
We ask for time to consider and Kevin and I discuss it for twenty minutes. We then refuse their proposed range, but tell Jake we will go to three million if they go to one million. He disappears for almost two hours, which is not a good sign.
Jake walks into the room and sits down with us at 2:45 p.m. “They will go to six hundred thousand if you
