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Agreements Business Update Info Litigation Services

Mixed and hybrid contingency agreements

Mixed and hybrid contingency agreements These have two parts: § Flat fee part § Contingency fee percentage part Instead of charging the traditional 33.3% of successfully recovered amounts, we charge a flat fee, and from the recovery we take a much lower fee percentage base of 18.3%. We then charge escalating percentages based on known […]

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Litigation Opinion Personal

What to do about cheaters?

How should you handle it when someone cheats in any game? There is a performance psychology to cheating, and this is a question that people face in sports, on the battlefield, and in litigation.  You will find cheating in taxes and the corporate board room.  Cheating is something that people will do. Should you get […]

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Litigation

Twitter Commentary and the Rashomon Effect

What is the Rashomon effect? It’s what happens when more than one eyewitness to events re-tells events in a self-interested fashion.  Sometimes it is done deliberately, but often the overall effect is much more subtle than that.  Witnesses inevitably allow their own subjective, alternative, and self-serving views both of themselves and of events to creep […]

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Info Litigation

Principle of two weaknesses and litigation

What is the “principle of two weaknesses” strategy from chess and how can I use it in litigation? If your adversary has only one weakness, they can devote all resources to its defense, but if you create another “front of attack” – a second weakness – those defensive resources begin spreading thinly, weakly, and inefficiently. […]

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Info Litigation

Anna Karenina and Complex Litigation

“All happy families are alike; each unhappy family is unhappy in its own way.” -Leo Tolstoy BMNW v. Lerner Happy families share a lot of common characteristics.  But, there are a lot of things which can make a family an unhappy one.  Any number of things can uniquely go wrong to disrupt the harmonious balance […]

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Info Litigation

Ruh-roh…. Alexa is really mad at these guys

Amazon is suing these guys for making a fake “wrap-around” Alexa startup animation to dupe people into granting unauthorized access to systems.  Of course, these are only allegations and you’ll need to monitor the docket to see what answer, if any, the Defendants offer as the matter progresses. But this is one hell of a […]

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Business Update Info Litigation

Clogged Pipes Causing Damages? And what’s a “Ramekin?”

Leaky pipes? What happens when a tenant located above another tenant springs a leak has been addressed by the law going back as far as Roman law. Now, we have another such case.  Apparently, a lone ceramic ramekin was responsible for the total occlusion of the pipe. Complaint Seattle Business Law Cheesecake Factory Hyatt Regency […]

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Info Litigation Opinion

Trespassing or just conversion? Waste? Nuisance? A rose by any other name….

Trespass to land and waste The title of RCW 64.12 is Waste / Trespass.  This is an example of a legal concept which is perhaps a little overly broad, because as you will see, it includes concepts such as damage to property that you wouldn’t consider “trespass” in ordinary speech. For example, consider this (relatively) […]

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Info Litigation Opinion Personal Uncategorized

Master’s thesis

AI & the Law – Final 20180527