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White Box vs. Black Box Compensation Systems
It is early winter and amazingly cold, snowy, or rainy in many parts of the U.S. In Buffalo they recorded over 5' of snow in less than a week accompanied by winds of up to 45 mph and the Bills "was robed again" just like in 1992! Being from Western New York, I truly understand what a winter of discontent feels like.
But what depressed me more was a spate of articles in the legal trade publications about a small (but possibly growing) number of law firms that were moving or considering moving to a "Black Box" type of partner compensation systems. A Black Box system is one in which an individual partner's compensation is kept secret from the other partners.
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“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.