During the mock trial, Alicia and Cary gave it all they had. Thief is made with 240 mg of caffeine, which is the equivalent of 12 cups of coffee. (And I just got a headache writing that sentence.) Bella, the victim, died due to caffeine toxicity, essentially choking on her own vomit. There's a lovely image for you. Diane and Will argued that Bella was likely anorexic. And if she was anorexic, Thief couldn't be categorically blamed for her seizure. But the anorexia angle was really more of a win for the Red Team. The FDA considered Thief a dietary supplement. This was after the company's first submission to be considered a food was denied.
Additionally, Thief Light had been marketed for its weight-loss benefits, specifically on a pro-anorexia website in several cases of cyber shill: A freelancer was paid to promote Thief by posting laudatory comments online. And even though said freelancer posted on multiple sites, Cary and Alicia proved that she posted on the pro-anorexia site 135 times promoting Thief Light. At this point, Mr. Lunt was pretty upset at how the trial was going and accused Will and Diane of losing on purpose just so they could settle. But Will assured him that they hadn't had their chance yet, and that things would turn around. But that never really happened.
It was going so well for the Red Team that Will told Alicia and Cary to back off. "Or what, we don't get partnerships?" Alicia snapped back. (In four seasons surely Will's learned not to piss Alicia off, right? Apparently not.) This carried over to an epic yelling match back in Alicia's office. It was the kind of fight that could only be ended with a steamy kiss...wait what? Yup, they totally made out. While fans of the couple probably rewound the scene multiple times for full enjoyment, Alicia regretted the kiss instantly. She ran out of the office, not even giving herself enough time to grab her things. She called herself an idiot as she escaped to the elevator. [Burning questions about the kiss at the end of the recap.]
Now back to the mock trial: The evidence that Kalinda "didn't" provide to Alicia and Cary was about a wrongful death settlement on one of Thief's earlier products, Dogfight. Gotta love these names! But a gag order prohibited them from bringing it up in court. In the end, it didn't matter. The jury had seen enough, and unanimously sided in favor of the prosecution. So Mr. Lunt decided to settle for $12 million.
NEXT: Cary and Alicia start plotting and Elsbeth Tascioni returns!