...Unless you are aware fundamentally that the nature of litigation is not set ahead of time, and highly dependent on the receptiveness of a judge/jury at the time of litigation.
The Judiciary is completely free to "interpret statute however it wants in the presence of a reasonable and convincing explanation of why previous case law doesn't fit the bill". This is why even a lawyer's take should be taken with a grain of salt.
Sure, but when you are trying to prove a company did something as a company, particularly as a company, you are usually going to need evidence that someone with sufficient authority to bind the company acted. For something serious like antitrust, arguing the apparent authority of low level employees (vs actual authority of high level ones) has never been a winning strategy.
The Judiciary is completely free to "interpret statute however it wants in the presence of a reasonable and convincing explanation of why previous case law doesn't fit the bill". This is why even a lawyer's take should be taken with a grain of salt.