Sublime

Competition for the deal must be deployed in a nuanced way—seemingly small process choices can have big substantive implications.

We hired Milton Pollack, a brilliant lawyer who later became a distinguished federal judge. The suit unfolded slowly, and I fell into a ritual of having dinner with Pollack once a month during which he would update me on our progress and his methods. At that time he had a daughter in elementary school; he told me that before he asked any question

For centuries, private attorneys have molded and adapted these legal modules to a changing roster of assets and have thereby enhanced their clients’ wealth. And states have supported the coding of capital by offering their coercive law powers to enforce the legal rights that have been bestowed on capital.

Identifying value-creating opportunities requires probing for the underlying interests of each side, rather than playing the traditional game of positional bargaining.

Even the most inventive, aggressive, and original legal argument is constructed upon that which came before—prior court cases, constitutions, and existing statutes and regulations.