Distraction as a Litigation Tactic – An Example from S&P from Litigation Arising from the
One rule of litigation today involves distraction. When you don’t want to talk about the merits, create other issues for use by your team’s message creators and communicators. One assumes that an exercise in distraction explains S&P’s effort to pitch itself to Bloomberg and others as the victim of a "political prosecution" for government suits arising from the mortgage fiasco, and to complain that the government will not turn over its work product. The same is true for Wall Street’s talking points about the purportd unconstitutionality of California cities imposing eminent domain on packages of mortgages.
Today, litigation tactics go far beyond the courtroom, and perception and stock price are in play.