Posted on December 17, 2009 by Angelo Tartaro

Surviving Litigation and the Recession: Lessons from "Rocky"

We often tell clients that going through litigation is like the movie Rocky: the parties will batter each other emotionally and financially until the last one standing wins. This analogy draws on popular culture and helps to manage clients’ expectations, while promoting the advantages of reasonable negotiated settlements. It also makes a serious point with a touch of humor.

Little did I know that even more nuanced life lessons are to be found in one of the sequels, Rocky III.

In this installment, Rocky has lost the championship and is trained by his former arch-opponent for a comeback.

But, there’s more to it. Rocky, in fact, has to learn new skills. Specifically, he has to be quicker, more agile, and learn to move rhythmically. He also has to package his new skills into a whole new fight strategy. But first, he has to pick himself up emotionally.

I think this is a good metaphor for surviving the recession. Businesses that may have lost their “championship” standing may need to pick themselves up, learn new skills and package them into a whole new business strategy.

Actually, learning new skills should be part of a continuous process, and business strategies should be continually reevaluated and refreshed. Then, the business would be well-positioned to survive adversity -- even a really bad recession. Personally, we have always been prepared to shift the focus of our practice within appropriate areas of our expertise and to selectively implement new technologies to deliver services more effectively.

So, I learned about litigation from Rocky and about management from Rocky III.

To think that I could have saved all that time going to business school and law school if I had only paid more attention to Rocky.

image courtesy allposters.com

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Posted on December 10, 2009 by Angelo Tartaro

Why Football is Different from the Law

Recently, the Wall Street Journal Law Blog, applying yet another sports and law analogy, asked: Why aren’t instant replays reviewed de novo? That is, why is “conclusive” or “indisputable” proof required to reverse a call on the field? Why not take a fresh new look at the play when reviewing video?

I’m probably in a very small minority, but I think the question answers itself: because sports plays need to be called 100% impartially, not necessarily 100% accurately. The officials on the field are human. Absent bias (say, towards the home team) or outright corruption, a call should not be reversed unless the video evidence is “conclusive.”

So, to some extent, I take issue with the analogy applied in the WSJ article. However, the post is actually quite educational and presents the subject matter in a clever way.  I’d also consider it helpful, since the role of the appellate courts is not well-understood among non-lawyers.

I just wouldn’t take any similarity between the courts and football - - or any sport - - too far.


 

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Posted on August 26, 2009 by Angelo Tartaro

Welcoming our New Neighbor, Books on the Common

Everyone loves a good story, and Books on the Common has plenty of them – including a nice one of their own.

Bev and I are avid readers and browsers - - we are not all law, all the time - - and we are going to enjoy the convenience of frequenting our new Main Street neighbor, Books on the Common.

The longtime Ridgefield bookseller recently relocated to Main Street after 25 years at their previous address at Copps Hill Common. The store has moved to historic 404 Main Street, into the space that belonged to Bedient’s Hardware for 100 years. According to the Ridgefield Press, owners Ellen Burns and Darwin Ellis are looking forward to many years in their new Main Street location.

As business owners ourselves, we applaud the efforts and success of Burns and Ellis. It takes a lot of hard work and knowledge to maintain an independent business in any situation, but in today’s economy it is especially challenging. In fact, some of the fixtures in the new store are from other local bookstores that did not fare as well.  According to the Press, Burns said the proprietors of those stores were happy to have a piece of their own history continue in another independent bookstore. 

We are pleased to call them our Main Street neighbors and wish them much success. 
 

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