This is, essentially, 1st year law student level "Alright alright, before we get to the controversy before you and my client, lets see docs"
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"Oh you have NO docs? Ohh that must be unfortunate for you. Well, we think we owe you nothing." Judge: "Yep, looks that way."
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I have good stories about CDS contracts that didn't have precise documentation during the 2008 crisis: $10MM+ fail to settle.
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Expensive lesson in document management for the counterparty.
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