In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
By Zach Ulrich As a kid I used to enjoy looking through glasses of water at the objects beyond because, depending upon the shape of the glass or the flow of the water, the images became distorted, bent, and often produced some pretty funny results. What I didn’t realize at the time was that with …
By Jeffrey Krivis The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. …
By J. Carlton Sims Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive …
Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.
By Joe Markowitz I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns …
What a mess. Recently, you were driving the middle car during a three-car accident. Your car was totaled, you had to have leg surgery. You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …
What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property. Have you been involved in an accident? Follow the personal injury checklists below. They will help you …
For many consumers in the United States, buying a product or service that does not work out could result in a person wondering how consumer arbitration works. For many years, courts have upheld forcing disputes into arbitration when a consumer contract, which a consumer often signs and accepts simply by purchasing an item, designates that …