Why the Clear Channel Suit Won't Be Dismissed

Lawyers are never without an
argument. If lawyers simply said, "You're right, I give up,"
then we wouldn't need judges and juries. The first commandment
of litigation is: If you can't win on the facts, and you can’t
win on the law, distort both and dazzle them with confusion.<!--more-->

Taking a page from Johnny Cochran,
the lawyers for Citibank (C), Credit Suisse (CS), Deutsche Bank (DB), Morgan Stanley (MWD),
Wachovia (WB), and Royal Bank of Scotland (RBS.H) have, in essence, argued to the
Texas state judge in Clear Channel’s lawsuit: If Clear Channel didn’t
sign and material terms are missing, then this lawsuit, your Honor,
you must be dismissing.