Description
CONTENTS Introduction: The Art of Suitproofing PART ONE A System Out of Control The Old Assumptions About the Law: Justice, Limits, Funds, and Lawyers as Friends The Decline of Justice Lawsuits Unlimited Spiraling Legal Costs Your Lawyer, Your Friend The Lesson of Legal History PART TWO The Eight Big Mistakes Mistake Number 1: Bad Writing To Write or Not to Write False Security Internal vs. External Documents Company Private Documents Specific Types of Dangerous Documents E-Mail Meeting Minutes Notes and Diaries Corporate Policies Letters Marketing Information The Cybertransaction Document Retention Keep It Legal Cleaning Your Files The Bright and Not-So-Bright Lines Mistake Number 2: Bad Estimating The Impossible Dream Cost and Schedule Risks Risk Assessments Bad Learning Curves The Management Challenge Buying In The Inestimable Value of Life Mistake Number 3: Speculation Probability Speculation Capability Speculation Liability Speculation Mistake Number 4: Bad Research The Enemy Within The Enemy Without Public vs. Private Information The Parochial School Mistake Number 5: Ignoring Problems Identifying Problems Employee Training Internal Controls Monitoring Third Parties Acknowledging and Resolving Problems Employee Problems Critical Path Analysis Conspiracy Theory Mistake Number 6: Getting Personal Corporation: Person or Machine? The Hostile Environment Prejudice Business Ethics The Market-Effect Resolution The Fictional Demon Changing Standards Tortious Evidence The Savior Mistake Number 7: Side Deals The “Four Corners” Doctrine A Tear in the Paper “Clear” Ambiguity Where There’s a Will There’s a Waiver Interference and Total Cost Claims Implied Side Deals Holes in the Paper TBDs Vague Standards Conflicting Terms Mistake Number 8: Misusing Your Power Power over Individuals Power over the Product Power over Services Power over the Transaction Power over Information Power over the Premises Power over Other Companies Power over Competition Three New Duties: The Boatbuilders Example Nipping the Problem in the Bud Recapping the Eight Big Mistakes PART THREE The Four Shields Shield Number 1: The Shield of Privilege Misconceptions About the Attorney-Client Privilege The Privilege Is Expensive The Privilege Only Helps You When You Are Already in Trouble If I Bring in Lawyers, They’ll Take over the Place The Privilege as an Eraser of Mistakes Affirmative Privilege Programs Compliance Programs The 1-Percent Risk Audit The Internal Corporate Investigation Shield Number 2: The Shield of Definition Defining Relationships Labels, Flowers, and Boilerplate Just Say It! Defining Value Shield Number 3: The Shield of Process The Race to the Courthouse The Neutral Forum-Selection Clause Notice and Tolling Agreements Fees, Please The Alternative to Alternative Dispute Resolution Arbitration Mediation New Alternatives Senior Executive Presentations Early Neutral Evaluation Shield Number 4: The Shield of Relationships The Stick: No New Business Cross-Contract Clauses Requests for Assurances Under the Uniform Commercial Code Corporate Family Relationships The Carrot: Business Without Lawsuits Notes and Works Consulted Glossary Index
