One of the unusual things about being an expat for a prolonged period of time is watching US news from the outside. Even though I have access to any number of American news outlets, being in a place where I am not surrounded by people who all share the same obsession with the 2012 Presidential
Cass Sunstein
Outrage and the Class Action
By The Editors on
Posted in Strategy
It’s no secret that plaintiffs often choose cases, not so much because of the merits of the rulings, but because of the outrage they can generate. (Indeed, some plaintiffs’ counsel openly discuss how they picture either how a particular cross-examination or closing argument will sound.)
As it turns out, a nine-year old lecture by Cass…
Bet-the-Company Litigation and Intellectual Hazard
By The Editors on
Posted in Settlement
NYU professors Geoffrey Miller and Gerald Rosenfeld have written an article on "intellectual hazard." Their basic point is that organizations are subject to various biases in the way they process information (what the legal scholars call "heuristic biases.") Miller and Rosenfeld are standing on the shoulders of a lot of previous scholars in…