6 PerspectivesAugust 29, 2008

Why Are We Here?

A few years ago I had a case in Chicago bankruptcy court that needed to settle. In another post we can talk about why it needed to settle, why it didn’t, and the trial that ultimately resolved the case, but something I noticed as I tried to settle that dispute drove my desire to start this blog.

A Cold Meeting in Chicago

As so many do, my case hit that awkward pause between the production of documents and the first deposition. My team and I had done an early case assessment and we knew our opponent’s case had real problems, but we weren’t sure the plaintiff understood how difficult his case would be. As the holidays approached and before the other side invested any more in the case, I reached out to propose a face-to-face meeting to discuss the potential for settlement. Armed with my comprehensive presentation on the three reasons why the plaintiff couldn’t win, I asked Simon Fleischmann, then a young associate at my outside firm, to go with me. More…

Categories: Education,Negotiation,Settlement