It is the business owners' decision whether to settle, fold or fight because they are the ones making the monetary investment. However, for some owners, there is more at stake than just the annual profits. For some owners, especially those who have spent years of their lives building a business, they won't let it just get taken away, or at least not without fair compensation. And for at least one owner with whom I've worked, the fate of the employees was a very important consideration in the decision to fight to preserve the business.