The key question is how will the pending litigation against New Jersey be changed (if at all) by the memorandum recently filed by the twenty-first century version of the Department of Justice.
But we expect the brief to say the following: reiterate -- number one, reiterating that the courts should not decide the case or the constitutional question, due to the pending repeal, which should be effective in a matter of months.
The real question is whether there will be enough value left after the pending reorganization of the company for common shareholders to receive anything at all.
The lawsuit is one of three pending federal cases that involve the New York Police Department's stop, question and frisk practice, championed by police Commissioner Raymond Kelly and Mayor Michael Bloomberg as a necessary crime-fighting measure that has helped the nation's biggest city reach historically low crime rates in recent years.
The parties to the negotiation decided to put aside the question of whether, and how, to make the deal legally binding pending the passage of America's emissions-reducing legislation.