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Market-Based Prediction Models As An Aid To Litigation Strategy And Settlement Negotiations, Kris Steckman

The Journal of Business, Entrepreneurship & the Law

In his recent book, “Litigation is War,” Fredrick L. Whitmer suggests effective advocacy in litigation mirrors many tactics common in strategic military preparation. On a battlefield or in a courtroom, quantifying the likelihood of uncertainties that may hinder or facilitate a particular line of attack will provide an advantage to the party holding such information. Consider this scenario: you are a plaintiff bringing suit against a corporation for ten million dollars, your trial starts in two weeks, the corporation has offered to settle for one million dollars, but you believe that you deserve more; do you accept? There is no …