Re: WTBTS strategy in filing the motion, despite the slim chance of success (i.e., success predicated upon the court not following the law) -- it wasn't a bad gamble for them. The motion probably cost them less than $10K. Had it been successful, it would have saved them $172K. Also, this is a huge law firm with a very wealthy client, and we don't know what the firm told the WTBTS its chances of success were.
RE: Confidentiality -- What has been made public will remain public. Given the nature of this case, it's possible that there are statutes allowing for some of the record to be sealed in order to protect the interests of the victim of the abuse. I know that there are many laws on the books here, in various areas of the law, to protect victims of sex crimes/child abuse. I don't have time to research it, but the laws are designed to protect the victim, not the perpetrator and others who are liable for the harm.
What can be made confidential, at this stage of the case, is the terms of any settlement. WTBTS will want to add a provision in the agreement that requires Conti and her counsel to keep all details of the agreement confidential, with serious legal consequences for violating it. They will insist on this because they do not want it known that they settled for a large amount, thereby enticing other individuals, and more lawyers, to sue them for the large settlement that Conti's case would demonstrate could be achieved.
RE: Settlement -- At some price, Conti and her counsel will be wise to settle, and she will be advised accordingly. it's the "bird in hand" sort of thing; for example, if they're offered say, $10 million cash to settle right away, by accepting that offer, they: [1] eliminate whatever risk there is that the appeal could ultimately result in a win for the WTBTS and a loss of all that has been put into this case; and [2] Conti and her team get paid immediately, and no collection efforts are necessary. It would be risky to reject such an offer; given that the upside of rejecting it would be only that they would collect $1 million more in damages (plus the interest that has accrued on $11 million at 10%/annum).
Of course, Conti's strategy will depend on Mr. Simons' assessment of the WTBTS' probability of success on the appeal. He's a great lawyer, and I expect that he will give Ms. Conti excellent advice.