Bargaining In The Shadow Of The Lawsuit PDF Download
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Author | : Claire A. Hill |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Bargaining in the Shadow of the Lawsuit Book in PDF, ePub and Kindle
Complex business contracts are notoriously difficult to write and read. Certainly, when litigation arises, courts scarcely have an easy time interpreting them. Indeed, contracts don't look at all as though they are written to tell a court what the parties want. Why can't smart, well-motivated lawyers do a better job? My article argues that they rationally don't try. I argue for a view of contracting in which parties aren't principally trying to set forth an agreement for a court to enforce. Rather, by leaving inartful language and ambiguity in the agreement, parties are bonding themselves not to seek precipitous recourse to litigation. The agreement entered into provides each party with grounds to bring a lawsuit if it so desires. Thus, if one party sues, the other party will virtually always have grounds to countersue. The complex transacting community has a norm against litigation in any event; bonding encourages and bolsters this norm, as well as norms of appropriate conduct throughout the contracting relationship. The contracting process, and the contract that results, thus serves importantly to create the parties' relationship and to set the stage for dispute-resolution consistent with preserving the relationship, as well as to keep available the backstop of enforcement if needed.
Author | : Alan C. Marco |
Publisher | : |
Total Pages | : 0 |
Release | : 2007 |
Genre | : |
ISBN | : |
Download Bargaining in the Shadow of Precedent Book in PDF, ePub and Kindle
We develop a model of bargaining and litigation in the context of patent licensing (or any contractual setting). Following Priest and Klein (1984)we developed a model that explicitly allows for (1) multiple parties (leading to asymmetry of stakes), (2) binding precedent, and (3) pre-dispute bargaining done in the 'shadow' of precedent-setting courts. The pre-dispute bargaining creates an endogenous opportunity cost of litigation for both plaintiff and defendant; i.e., the harm is endogenous. We show that the effects of asymmetric stakes on the litigation rate and plaintiff win rate are offset by opportunity costs forgone licensing). That is, including the downside of litigation we see that the degree of asymmetry does not appear to substantially impact the rate of litigation or the observed win rate of plaintiffs at trial. This result is in stark contrast to the previous theoretical literature, and has implications for interpreting the empirical literature. We discuss the implications of the model for the value of patent rights.
Author | : Xavier M. Frascogna |
Publisher | : American Bar Association |
Total Pages | : 242 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9781570738913 |
Download The Lawyer's Guide to Negotiation Book in PDF, ePub and Kindle
Revised edition of : Negotiation strategy for lawyers by Xavier M. Frascogna, Jr. and H. Lee Hetherington.
Author | : Riccardo Marselli |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Bargaining in the Shadow of Arbitration Book in PDF, ePub and Kindle
Author | : Robert Mnookin |
Publisher | : Simon and Schuster |
Total Pages | : 338 |
Release | : 2010-02-09 |
Genre | : Business & Economics |
ISBN | : 1416583645 |
Download Bargaining with the Devil Book in PDF, ePub and Kindle
The art of negotiation—from one of the country’s most eminent practitioners and the Chair of the Harvard Law School’s Program on Negotiation. One of the country’s most eminent practitioners of the art and science of negotiation offers practical advice for the most challenging conflicts—when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. This lively, informative, emotionally compelling book identifies the tools one needs to make wise decisions about life’s most challenging conflicts.
Author | : Roger Fisher |
Publisher | : Houghton Mifflin Harcourt |
Total Pages | : 242 |
Release | : 1991 |
Genre | : Business & Economics |
ISBN | : 9780395631249 |
Download Getting to Yes Book in PDF, ePub and Kindle
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Author | : Donald Wittman |
Publisher | : |
Total Pages | : |
Release | : 2010 |
Genre | : |
ISBN | : |
Download Litigation with Symmetric Bargaining and Two-Sided Incomplete Information Book in PDF, ePub and Kindle
We construct game-theoretic foundations for bargaining in the shadow of a trial. Plaintiff and defendant both have noisy signals of a common-value trial judgment and make simultaneous offers to settle. If the offers cross, they settle on the average offer; otherwise, both litigants incur an additional cost and the judgment is imposed at trial. We obtain an essentially unique Nash equilibrium and characterize its conditional trial probabilities and judgments. Some of the results are intuitive. For example, an increase in trial cost (or a decrease in the range of possible outcomes) reduces the probability of a trial. We obtain a precise nonlinear expression for the relationship. Other results reverse findings from previous literature. For example, trials are possible even when the defendant's signal indicates a higher potential judgment than the plaintiff's signal, and when trial costs are low, middling cases (rather than extreme cases) are more likely to settle.
Author | : Robert H. Mnookin |
Publisher | : Harvard University Press |
Total Pages | : 369 |
Release | : 2004-04-15 |
Genre | : Law |
ISBN | : 0674504100 |
Download Beyond Winning Book in PDF, ePub and Kindle
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Author | : Mitu Gulati |
Publisher | : University of Chicago Press |
Total Pages | : 243 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0226924386 |
Download The Three and a Half Minute Transaction Book in PDF, ePub and Kindle
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.
Author | : Edward A. Purcell Jr. |
Publisher | : Oxford University Press |
Total Pages | : 459 |
Release | : 1992-12-31 |
Genre | : Law |
ISBN | : 0195360907 |
Download Litigation and Inequality Book in PDF, ePub and Kindle
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.