This time from Bud Light. Watch the video of the town crier reading the letter, which asks a Minnesota brewery to cease and desist using Bud Light’s trademarked “Dilly Dilly” in the name of brewery’s newly released “Dilly Dilly Mosaic Double IPA.” (If that link doesn’t work, try this one.) The transcript of the letter: … Continue reading Another Creative Cease-and-Desist
I just saw this abstract on SSRN — looks like a very interesting study that is, to me, not surprising, but a little depressing: “Thanks for Nothing: Expressing Gratitude Invites Exploitation by Competitors” Harvard PON Working Paper JEREMY A. YIP, University of Pennsylvania – The Wharton School Email: yip@wharton.upenn.edu CINDY CHAN, University of Toronto – … Continue reading Expressing Gratitude in Negotiations May Not Be A Good Idea?!
We all say that preparation is important – it’s more popular than mom and apple pie – but we have only vague ideas about how people actually consider possible alternatives. This includes the negotiators themselves. We sometimes list general factors or approaches, but usually that’s as far as we get. I will go out on … Continue reading Stone Soup: Learning How People Actually Prepare for Negotiation and Mediation
Out of the blue, I got an email from a student at my university who I had never met. She said that her best friend is graduating from college this month and will start law school in the fall. As a graduation present, she is collecting letters with advice for her friend and she asked … Continue reading Letter to Kelly
I have written a lot recently about apologies (and non-apologies), most recently a post focusing on Louis C.K.’s apology (which links to prior posts). Today, the New York Times ran a piece entitled “Mea Culpa. Kinda Sorta.” in which several writers parse the language in the apologies of Charlie Rose, Al Franken, Louis C.K., Kevin … Continue reading Mea Culpa. Kinda Sorta.
Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs. Here’s the interview in full. Imagine waiting a year or more to go to trial for a civil dispute that could have been resolved in less … Continue reading Scholastica interview with Shestowsky
On October 27, HLS hosted a series of panels as part of its bicentennial celebration. I was fortunate to serve as a panelist on Negotiation for Lawyers: A Bird’s Eye View of Negotiation and Dispute Resolution, along with Mark Iwry, David Hoffman, Sheila Heen, and Bob Mnookin. We modeled our panel after the NPR program, … Continue reading ADR Stories at Harvard Bicentennial
University of Michigan Education Professor Susan Dynarski wrote a compelling article in the New York Times, Laptops Are Great. But Not During a Lecture or a Meeting. She cites research finding that when students use laptops in class, they not only reduce their own learning, but they also reduce the learning of nearby students. The … Continue reading Are You Ready to Apply Unequivocal Research Findings That Students’ Use of Laptops in Class Reduces Learning?
I just listened to an episode of a This American Life podcast entitled 129 Cars, referring to a car dealership’s monthly sales quota. A team of reporters followed various people at a Long Island dealership for a month and the episode sounds like a sitcom. But it is very real, reflecting tensions in negotiations between … Continue reading Real Car Dealing
The New Yorker has a fascinating new article by Ronan Farrow providing more information about some of the settlement structures used by Harvey Weinstein and his company. It is worth reading in full, but I’m including a few excerpts from the article below to give you a sense of the piece. The short version is … Continue reading Against Secret Settlements
