By Dr. Ken Broda Bahm: For many years, the reliable bet was that a deep distrust of corporations, and what we might call an anti-corporate bias in a litigation context, is a left-wing phenomenon. While conservatives might generally hew to the sentiment behind the adage that “What’s good for General Motors is good for America,” the […]
Treat Anti-Corporatism as a Bipartisan Bias Read More »
By Dr. Ken Broda Bahm: There is a body lying on the pavement. It is still twitching a bit, but fading fast. “This was no accident,” says the hard-boiled detective, “this was an attempt at premeditated murder…and it just might succeed.” If instead of “body” we’re referring to the American civil jury, and instead of
Don’t Pull the Plug on the American Civil Jury Just Yet Read More »
By Dr. Ken Broda Bahm: A Google search on the phrase “no comment” appearing in recent news yields thousands of hits — various individuals and organizations responding in time-honored fashion to some sort of crisis. Recently, for example, after CNN Analyst Roland Martin had his finger too close to the Tweet button during the Super
Don’t Say Nothing: The Limitations of “No Comment” as a Litigation Crisis Strategy Read More »
By: Dr. Ken Broda Bahm – So, a retired Brazilian judge, two American litigators, and three German engineers walk into a bar… Okay, so it wasn’t a bar, it was an international arbitration, but the potential for miscommunication is just as great as the joke intro would imply. This one took place in Sao Paulo, Brazil and
Keep Your International Arbitration out of the Tower of Babel Read More »
by: Dr. Ken Broda Bahm If you have had a trial docketed within the last year or in the coming year, then chances are that you have wondered whether current economic hard times have encouraged in juries either a greater impulse to distribute money from corporations to individual plaintiffs, or conversely, a tight-fistedness that has
Don’t Count on a ‘Recession Effect’ When it Comes to Damage Awards Read More »