Well if the seat lays flat your dead head will be on it. Just returned from HKG on a DH and my FO was trying to get first class. Corp travel has already instituted the catch all phrase "a lay flat seat constitutes a higher class of service" so a lay flat in business in 4 by seating meets class of service for first. Yes you can deviate if you bank is enough but how likely is that if your bank is based on discounted business?