And Microsoft says it will ask for extensive discovery and in-court testimony.
It therefore disapproved of the hearsay nature of the Mobbs Declaration and anticipated quite extensive discovery of various military affairs.
For its part, Microsoft said the proposal was so extreme that it would force the company to ask for extensive discovery and in-court testimony on the remedy.
Mastro cited a little-used statute that entitles an American litigant facing a lawsuit abroad to pursue extensive "discovery" inside the United States.
Unlike criminal cases, which are subject to strict time constraints, civil cases tend to take years to resolve because of the extensive discovery rights provided.
Many lawsuits require extensive "discovery", which can mean sifting through nearly every e-mail your opponent has ever sent in search of one that sounds incriminating.
"The E.E.O.C. had a full opportunity during extensive discovery in this two-and-a-half-year-old case to develop its theory of liability and establish its list of claimants," Judge Berman said.
Edward Weisfelner, a lawyer for the trustee, said that the settlement was "a substantially more favorable result than litigation," which, he added, "would require extensive discovery, including millions of pages of documents to review and over 100 depositions".
Over the last three years, the lawyers in the Delaware case have conducted extensive discovery, taking 48 depositions, including those of all 16 Bank of America directors at the time of the merger, and their experts estimate the damages at as much as $5 billion.
Any suit that might require extensive discovery, the testimony of high-priced experts or protracted court proceedings can't get off the ground.
Despite the extensive discovery of trait- and disease-associated common variants, much of the genetic contribution to complex traits remains unexplained.
