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Info Litigation Opinion Personal

Steinitz and the Principle of Balance and Attack

In chess all rules have exceptions, except one: Steinitz’s Law. It is called a law – not a rule or a principle – for a reason. It applies to zero sum games in general, including #litigation. “The player with the advantage MUST attack” Steinitz’s Theory of Balance of Positions and the Principle of Attack:  Steinitz […]

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Info Litigation

Dog bite liability in Washington State

Does having a “doggy record” influence or impact whether or not a dog will be liable for biting someone in a public place? No.   RCW 16.08.040 Dog bites—Liability. (1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a […]

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Info Litigation Services

Reading the Riot Act

  The Riot Act 1714 (1 Geo.1 St.2 c.5) was an act of the Parliament of Great Britain which authorized authorities to declare any group of ≥12 people to be unlawfully assembled and to disperse or face punitive action. The phrase itself has passed into common usage for a stern reprimand or warning of consequences. […]

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Business Update Info Litigation Opinion Services

Not all legal publications are created equally

LexisNexis is the winner I continuously comparison shop between different legal publications. Axiomatically they should all be equal since they are all based on the same set of laws, right?  But, they are not. Right now, for the type of law I practice, LexisNexis is hands down the winner. Yes, it is super expensive next […]

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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 Opinion Personal Uncategorized

Master’s thesis

AI & the Law – Final 20180527