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In negotiation, the first number often carries disproportionate weight. While perhaps not always an absolute guarantee of victory, the concept of “anchoring bias” suggests it’s a powerful and frequently underestimated...more
In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation...more
The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more
In Part 1 of this series, I explained the role of defense counsel in class action settlements. In this Part 2, I will explore the role of class counsel. I embark on this journey with some trepidation, because as a defense...more
Having heard good things about it for years, last month I finally got around to reading Dr. Atul Gawande’s book, The Checklist Manifesto, and have begun to give some thought regarding its application to class action practice....more