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Month: April 2024

MY POLICY ABOUT CONFIDENTIALITY CLAUSES IN SETTLEMENTS

MY POLICY ABOUT CONFIDENTIALITY CLAUSES IN SETTLEMENTS

It was my policy over my 50 years of representing plaintiffs to refuse to agree to any form of confidentiality as an imposed requirement of settlement  by a  defendant. My policy was that clients were free to keep the information personally confidential and from media or public disclosure if they wanted to do so, but the defendant could not require it as a condition of settlement. In addition, my policy for accepting a case for a client was that I…

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THE HAMBURGER PRICE WAR & THE IMPORTANCE OF FRAMING TRIAL ISSUES

THE HAMBURGER PRICE WAR & THE IMPORTANCE OF FRAMING TRIAL ISSUES

A price war between McDonald’s and A & W fast food restaurants has a lesson for trial lawyers about the importance of describing trial issues or “framing.”  A&W was the first-ever chain restaurant  in America. By the 1970s, A&W  had more locations open than McDonald’s. It was  founded in 1919 in Kentucky and is the oldest chain restaurant in America In 1948 Maurice and Richard McDonald opened the first self-serve McDonald’s in San Bernardino, California. Six years later Ray Kroc, a…

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