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Snakes in the Jury Box: The 'Reptile Method' and How To Defeat It
“Does everybody agree that manufacturers should do everything reasonably possible to make sure that their product is safe for the consumer? If so, raise your paddle please.”
A plaintiffs' attorney recently posed this exact question to a panel of potential jurors in a case where the plaintiff brought claims against tire and seat belt manufacturers after he sustained injuries during a car accident. On its face this question seems innocuous — what person wouldn't agree that manufacturers have a duty to make their products as safe as reasonably possible? However, this type of question, paradigmatic of the “reptile method,” is frequently used by plaintiffs' attorneys to prey on jurors' fears and biases. This approach essentially paints a “black/white; good/bad” world, which can present a distorted picture of the facts and often attempts to displace the law in favor of idealistic standards that are more difficult to meet. It is for this reason that this approach can be both effective and dangerous.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?