E360 Failure Update

Ed Falk on E360 dropping lawsuits with prejudice (meaning E360 cannot refile).

Mickey points out that E360 reached a settlement agreement with Mark Ferguson but not with the others. I wonder what that means. Is Mark on the hook for something, and perhaps he should have just waited it out? Or does the settlement amount to both sides closing their mouths and getting on with their lives, as is often the case? I guess we won't know until and unless either party decides to clue us in.


  1. Ferguson is pretty stubborn; I don't see him making any concessions. He also had the goods on E360 (could prove they'd forged an opt-in from him). Based on that, I'm guessing that they both agreed to just walk away, or it was E360 that made some sort of concession.

    If it's the latter case, then my speculation is that E360 agreed to drop the lawsuit against all defendants, with prejudice.

  2. Ferguson is also an idiot. I fully expect he has done something spectacularly stupid, without bothering to consult with the others.


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